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THE STATE GOVERNMENT AND THE INDIAN BUREAU. 



THE OSAGE TROUBLES 



IN BARBOUR COUNTY, KANSAS, 



IN THE SUMMER OF 1874. 



CORRESPONDENCE BETWEEN THE STATE GOVERNMENT AND THE INTE- 
RIOR DEPARTMENT — TESTIMONY RELATIVE TO THE 
KILLING OF FOUR OSAGE INDIANS. 




TOPEKA, KANSAS: 

GEO. W. MARTIN, KANSAS PUBLISHING HOUSE. 

1875. 



THE OSAGE INDIAN TROUBLES 

IN KANSAS. 



CORRESPONDENCE. 

Medicine Lodge, Barbour County, Kas., ) 

June 17, 1874. j 

Hon. T. A. Osborn, Governor State of Kansas : 

Sir: The Indians are raiding Barbour county, and have this 
day killed one of our citizens, that we know of, and probably 
more. 

Kiowa was attacked yesterday, and a number of horses run 
off. Four tribes are on the war-path, and threaten to clean out 
the Medicine river country. 

The lives of the people are in danger. We need immediate 
assistance. 

(Signed) WM. M. FRIEDLEY. B. H. REED. 

G. W. ELLIS. C. T. RIGG. 

O. D. MERRIMAN. J. R. EASLEY. 
Rev. G. W. KELLER. W. F. CRISP. 
H. JONES. H. MORE. 

A.WINSTON. J. MORE. 

P. S. — Mr. Keim, a farmer living near Medicine Lodge, was 
killed and scalped yesterday, one mile and a half from here. 

KEPORT OF COMMITTEE. 

Medicine Lodge, Barbour County, Kas., ") 

June 19, 1874. j 

Hon. Thomas A. Osborn, Governor of Kansas: 

The undersigned, appointed by the unanimous voice of the 
people of Barbour county to represent to you the state of affairs, 
so far as Indians are concerned, in this county, make the follow- 
ing statement : 

1st. On the 16th of June the Indians attacked Davis's Ranch, 



4 THE OSAGE TROUBLES IN KANSAS. 

capturing seven horses. After an engagement, they drove the 
citizens into their houses and carried off their plunder. 

2d. Attacked settlements in the vicinity of Medicine Lodge; 
killed, scalped and mutilated three citizens, to wit : Isaac Keim, 
J. Martin, and Elijah Kennedy, peaceable and law-abiding men, 
two of whom had large families ; and, in addition, they stole two 
good teams, the property of the murdered men. 

3d. The Indians were Arapahoes or Cheyennes — probably the 
latter. 

4th. The people are greatly alarmed ; need rations and arms 
to enable them to protect their homes, and this immediately. 
All of which is respectfully submitted. 

( Signed ) M. W. SUTTON, Co. Att'y, 

B. P. AYERS, 
JACOB SWANK, 

Committee. 

P. S. — From reliable information, we are satisfied that the 
Cheyennes, Arapahoes and Osages have consolidated for hostile 
purposes. M. W. SUTTON, 

B. P. AYERS, 
JACOB SWANK, 

Committee. 

Medicine Lodge, June 20. 

Capt. Morris — Dear Sir : You probably know by this time 
that since you left we have had business here. The facts are 
these: 

1st. Three scalped heads (and bodies) have been brought into 
town, buried, etc. 

2d. They were killed by Indians. 

3d. The whole country is alarmed, and men cannot work, con- 
sequently cannot support their families. 

4th. They have moved into town with their families. 

5th. They will need subsistence. 

6th. They can protect themselves, if their families can be fed 
and they be organized. 

7th. They wish immediate answer. 

Yours, etc., B. P. AYERS. 



the osage troubles in kansas. 5 

Barbour County, Kansas, { 
Sun City, June 21, 1874. j 

Hon. Mr. Osborn, Governor State of Kansas : 

Dear Sir: The people of Barbour county are suffering from 
Indian raids. Many horses have been stolen, and five men have 
been found killed and scalped by them. Most of the settlers 
will leave the county unless the State can give them protection. 
Yours in haste, from 

S. B. DOUGLASS, 
Co. Supt. Pub. Instruction of Barbour Co. 



Medicine Lodge, Barbour Co., Kansas, ) 
June 25, 1874. j 

Gov. Thos. A. Osborn, Topeka, Kansas: 

We, the undersigned citizens of Barbour county, State of 
Kansas, respectfully ask that a military company be organized, 
and that Cyrus M. Ricker, of Medicine Lodge, be appointed and 
commissioned captain of said company. 



Wm. M. Friedley. 
W. H. Roust. 
W. F. Crisp. 
James T. Whitelaw. 
G. W. Ebersole. 
M. D. Hour. 

C. W. Lucas. 
W. E. Lucas. 
Charles Parsons. 
Clark Gillmore. 
B. T. Lampton. 

A. V. Shepler. 
Wm. M. Lampton. 
J. N. Lane. 

I. W. Stutsman. 

B. H. Reed. 
T. W. Davis. 

A. A. WlLBER. 

J. W. Moore. 
L. Wyatt. 

D. F. Lucas. 
George P. Lucas. 
H. A. Moore. 

R. CONABLE. 

G. POSTELWAIGHT. 

John W. Upperman, 
James F. Weaver. 



Byron P. Ayers. 
C. P. W. Ellis, 
m. l. bourman. 
Jacob Rhian. 
M. S. Cobb. 
H. H. Bedford. 
T. F. Shepler. 
W. E. Wyatt. 
C. Weidner. 
T. F. Marquand. 
J. R. Easley. 
A. H. Izard. 
John Castine. 
W. Sims. 
J. G. Moore. 
J. H. Anderson. 
James Taylor. 
L. J. Wilkerson. 
T. W. McClure. 
John C. Boner. 
M. Van Slyler. 
Frederick Verning. 
Frank McAlister. 
Andrew Barnes. 
John Beeler. 
E. W. Ilifp. 
T. F. Shepler. 



6 the osage troubles in kansas. 

Medicine Lodge, Barbour County, Kas., ) 

July 1, 1874. | 

Hon. Thomas A. Osborn, Governor State of Kansas: 

Dear Sir: The bearer hereof, Cyrus Ricker, is a man iu 
every way worthy of respect and confidence, and I hope that, for 
the safety of our people here, there will be no hesitancy in grant- 
ing the request of the people of this place. Something must be 
done for our defense, or we must perish, together with our women 
and children, as it is utterly impossible for many to get away. 
Very respectfully, 

WILLIAM M. FRIEDLEY. 



MENT OF THE MISSOURI, ) 

[, Kas., July 10, 1874. \ 



[TELEGRAM.] 

Headquarters Department 
Fort Leavenworth, 

To Governor T. A. Osborn, Topeka, Kas.: 

[Extract.] 

Cavalry I cannot spare from the protection of the southern 
frontier of Kansas without endangering the safety of the people. 
(Signed) ' JOHN POPE, 

Brevet Major General Commanding. 
[Note. — The United States troops were withdrawn about the 
last of July, to accompany General Miles's Expedition.] 

Wellington, Kas., July 22, 1874. 
Gov. Osborn — Dear Sir: I am sorry that I was detained at 
Winfield, as I desired to see you. As you have seen for your- 
self, much damage has already been done by the Indian scare. 
It seems to me that it is for the best interests of the State that 
this should not be repeated. While there may be no danger, yet 
prudence dictates that some security should be given to our 
people, and that security should be our own men, organized into 
companies. One company of men organized at this point would 
do more to restore confidence than half a dozen companies of 
United States forces, who may be ordered elsewhere at any mo- 
ment, and thus leave us unprotected. That the Indians are 
dangerous you must admit. They may not bother us ; yet they 
might; — and you could hardly justify yourself in case some of 
our people should be murdered, by saying that you were desirous 



THE OSAGE TROUBLES IN KANSAS. 7 

to save the expense necessary in ordering this company into 
active service. My judgment for it is that it will be acting 
wisely for you to order this company out at once, and keep them 
for at least ninety days. It can do no harm, and may be the 
means of saving valuable lives and property. 

I have no interest in writing this other than to secure sure 
protection for our women and children. I could not ask for 
more. It seems to be necessary to our people. It can do no 
harm, and justice to our border demands it. 

I hope you will grant my request in this matter at once, and I, 
as well as the people of this county, will feel that you have 
placed us under lasting obligations to you. 

Hoping to hear from you favorably, at your earliest conve- 
nience, I am, yours truly, 

WM. P. HACKNEY. 

Office of Clerk of Sumner County, 
Wellington, Kansas, July 23, 1874. 

Gov. T. A. Osborn — Dear Sir: Our settlers continue to leave 
on account of Indian war rumors. They do not seem to have 
confidence in the U. S. troops, as there is a liability of their be- 
ing ordered away at any time. Under this condition of things, 
and^to reassure the" people and restore confidence, my opinion is, 
it would be well to call the company here into service. I think 
if some of our own men were stationed west of us, settlers would 
then go back to their homes satisfied, and I believe the State can 
better afford the expenditure than to have the country so depop- 
ulated, and immigration stopped. The minds of the settlers are 
agitated by the stories set afloat, whether with or without foun- 
dation, and they will not rest satisfied until a feeling of greater 
security prevails. Truly yours, 

C. S. BRODBENT, 

County Clerk. 

Medicine Lodge, Barbour County, Kas., ) 

July 24, 1874. ) 

Sir : I have the honor to acknowledge the receipt of commis- 
sion as " Captain of Company A, Barbour County Militia ;" also 
that of one of my lieutenants. 

The commissions came to me through Sheriff Collins, of Reno 
county. 



8 THE OSAGE TROUBLES IN KANSAS. 

I have no other means of knowing whether you received the 
communication accompanying roster, etc. 

I deem it of much importance to know what our exact position 
as to service is, and hope you may give me any information you 
can command upon the subject. 

The general aspect of affairs is about the same as when I 
wrote last. One of my scouts reports this evening that he found 
in the Cedar Mountains, about ten miles southeast of this post, 
on yesterday, two wagons loaded with cedar timber. The teams 
had been cut from the wagons, and everything seemed to indicate 
that the animals (two mules and two horses) had been taken and 
the drivers captured. The wagons are old — one without a bed. 
The one with a bed was painted red. The "outfit" is not known 
in this vicinity, and is supposed to have belonged in some other 
county. It might be well enough to give publicity to the matter 
through the press. 

Hoping to hear from you soon, 

I remain, your obedient servant, 

C. M. RICKER, 
Captain Commanding Co. A, Barbour Co. Militia. 

To the Adjutant General, State of Kansas. 

[The foregoing communications are published simply as sam- 
ples of a very voluminous correspondence, showing the necessity 
of a militia force in the southwest.] 



CAPTAIN KICKER'S REPORT OF THE ENGAGEMENT OF 
AUGUST 7, 1874. 

Headquarters Co. A, Kansas State Militia, ) 
Medicine Lodge, Barbour Co., Aug. 7, 1874. } 

C. A. Morris, Adj. Gen' I State of Kansas, Topeka: 

Sir: I have the honor to state that on my return from 
Wichita, I found the people were greatly excited over the 
rumors that were coming in daily of more and more Indians 
being seen around us, and that from their actions they were all 
on the war-path. 

A few days ago, forty of them made their appearance in front 
of the stockade at Kiowa, sixteen miles south of this point, 
where I have twenty-five of my men on duty, and examined the 



THE OSAGE TROUBLES IN KANSAS. 9 

location of the same very closely. From there they moved east 
and north, through the Cedar Hills. From what I can learn, 
they are the same band that captured two teams from Wiggins a 
short time since. They set fire to and burned off all the range 
on their route. 

To satisfy myself in regard to the correctness and truth of 
these reports, I, with Lieut. Moseley and twenty-five men, left 
Medicine Lodge this morning, and traveled northeast about fif- 
teen miles, where I encountered between forty and fifty young 
braves of the Osage tribe. Six of them advanced towards us, 
while the balance formed for battle on a hill south of us. I 
halted my command and made signs for the forward ones to ad- 
vance, which they did, coming up to us with their bows strung 
and arrows in their hands, guns and revolvers cocked. I or- 
dered them to give up their arms. Three of them did so, the 
other three refusing to understand me. I then (through Lieut. 
Moseley, who acted as interpreter) requested them to have the 
braves dismount and advance; but in place of this (thinking, 
perhaps, that we could not understand them), they ordered them 
not to come, but to fire into my men, which was immediately 
done; the others then made a dash to stampede my horses. 

We then commenced firing on them, and had an exciting time 
for a few moments. The Indians retreated south, and not hav- 
ing force enough I was unable to pursue them far, as they had 
reinforcements close at hand, and I thought it prudent to return, 
which I did in safety. I had one man severely wounded in the 
head ; the Indians lost five killed and several wounded. I cap- 
tured some mules and ponies from them. The Indians were all 
young men, and the horses they rode were in fine condition. 

General, it requires one hundred pounds of flour daily to feed 
my men; besides that, there are twenty families here that I am 
obliged to issue rations to. I waut to know whether you are go- 
ing to help us or not : we must have provisions and ammunition 
immediately. 

Inclosed you will find the enrollment papers of recruits of my 
command. Please answer me through Capt. Tucker, at Wichita. 
I will send teams there to-day for supplies. 
I have the honor to be, very respectfully, 

Your obedient servant, 
C. M. RICKER, Capt Commanding. 



10 THE OSAGE TROUBLES IN KANSAS. 

Medicine Lodge, Barbour County, Kas., 
September 10, 1874. 

Sir: I inclose herewith an additional report — accompanied 
by affidavits — of my operations on and about the 7th of August 
last, with the Osage Indians. 

The stock captured consisted of forty-one ponies, serviceable 
and unserviceable; four mules, serviceable; two mules, unserv- 
iceable; four sucking colts. No other property of value was 
found. The ponies captured v were of inferior quality and small 
value. 

The previous report — together with papers herewith trans- 
mitted — demonstrate conclusively to me — 

1st. The Indians were Osages. 

2d. They were outside of their territorial limits. 

3d. They were on a marauding, if not a murdering, expedi- 
tion. 

4th. They committed the first overt act of hostility. 

In this connection I can state that, among frontiersmen and 
others best qualified to judge of such matters, the opinion is 
universal that the tribes of Great and Little Osages were guilty 
of the murder of Keim, Martin, and Kennedy. 

I do not wish that any action of the Commander-in-Chief, in 
the premises, should directly or indirectly stigmatize me or my 
command as murderers or thieves, as is desired by Gibson or 
Stubbs. Respectfully, 

C. M. RICKER, Captain. 

To the Adjutant General, State of Kansas. 

P. S. — A portion of the command engaged in the Osage affair 
are on detached duty. C. M. R. 

AFFIDAVITS OF CAPT. RICKER AND OTHERS. 
State of Kansas, County of Barbour. 

Cyrus M. Richer, being duly sworn, deposes and says: On the 
7th day of August, 1874, and previous to that time, I was Cap- 
tain of Company "A," Barbour County Militia. I received 
intelligence on the 6th that a body of Osage Indians were camped 
in the county eighteen miles northeast of this post. Being 
informed that parties from Sumner county had been robbed of 
their horses — vide previous report — by Osages in that vicinity, 
I detailed twenty-three men on the 7th and started for their camp 



THE OSAGE TROUBLES IN KANSAS. 11 

for the purpose of causing them to leave the county for the Ter- 
ritory, by force if necessary. 

Upon arriving in the neighborhood of the Indians, I concealed 
my men in a ravine and advanced alone to a point within one 
hundred and fifty (150) yards of the Indians, where I was met 
by one in a hostile attitude, followed by eight or ten others; four 
were disarmed partially, when one gave the command to the 
remainder, who were in line in the rear, to fire, which they did. 
My command returned the fire, and the result was five dead 
Indians. 

I took possession of their ponies and returned to this point the 
same day. 

[seal.] C. M. RICKER. 

Subscribed and sworn to this day of September, A. D. 

1874. M. D. HOUK, County Clerk. 

B. L. Lampton, W. M. Lampton, Henry Bedford, A. A. 
Wilber and J. M. Stutsman, being duly sworn according to law, 
depose and say that they have read the foregoing statement, and 
that the matters and things set forth therein are true and correct ; 
that they were members of said militia company, and present at 

the time of the conflict reported herein. 

WM. M. LAMPTON. 
B. L. LAMPTON. 
J. M. STUTSMAN. 
A. A. WILBER. 
H. BEDFORD. 

State of Kansas, County of Barbour. 

Before me, M. D. Houk, County Clerk of said county, this 
day personally appeared the parties whose names are above 
attached, to me well known as truthful men, and subscribed and 
swore to the said statement. 

Witness my hand and the seal of said county, this 10th day of 
September, 1874. 

[seal.] M. D. HOUK, County Clerk. 

LETTER FROM A. C. WILLIAMS, SPECIAL AGENT OF THE 
KICKAPOOS. 

Arkansas City, Kas., Sept. 1, 1874. 
Sir : I have the honor to report that this morning, as I was 
proceeding from this place to my special agency on Shawkaska 



12 THE OSAGE TROUBLES IN KANSAS. 

creek, I met two of my Kickapoo Indians, who informed me that 
a party of Little Osages came to the agency last niglit and 
inquired for me, and behaved in such a manner that most of the 
Kickapoos became alarmed and took to the woods. The Osages, 
however, said they would not injure any of the red people, but 
will kill any and all whites they may find in the Territory. The 
Kickapoos are alarmed, and ask protection from the whites, or 
to be removed up to the State line. In order to supply my 
Indians with provisions, and to make some arrangements for their 
protection or removal, and for the temporary protection of Gov- 
ernment property, I would request an escort from your company 
of Kansas State Militia. 

A. C. WILLIAMS, Special Agent 
To Capt. G. H. Norton, Conidg. Co. A, Cowley Co. Mounted Militia. 

AFFIDAVIT OF AYLMER D. KEITH. 
State of Kansas, Cowley County, ss. 

I, Aylmer D. Keith, being first duly sworn, say that on the 
17th day of August, 1874, in conversation with Mahlon Stubbs, 
late agent of the Kaws, said Stubbs used the following language, 
in regard to the anticipated troubles with the Osage Indians, to 
wit: "The Indians have held a council and declared for war; 
they are on the fight the biggest kind. In my opinion, you are 
in ten times as much danger as you ever have been." 

AYLMER D. KEITH. 

Cowley County, State of Kansas, ss. 

Subscribed and sworn to before me, this 1st day of September, 
1874. James L. Huey, 

Notary Public. 

AFFIDAVIT OF C. M. SCOTT. 
State of Kansas, Cowley County, ss. 

C. M. Scott, being duly sworn, deposes and says that the fol- 
lowing statement is, to the best of his knowledge, just and cor- 
rect: 

Wednesday, February 18, 1874, two Osages belonging to 
"Hard Robe's" band of Indians came into Arkansas City, and 
stopped at my office. "Stanislaw," or Och-tun-ba-ka, I think 
belongs properly to Chetopa's band. He is a good interpreter, 
and speaks English plainly. He said he had dispatches for sev- 
eral agents, and was on that errand. Nan-hunk-gah, the man 
with him, was sent in by Hard Robe to have some one bring out 



THE OSAGE TROUBLES IN KANSAS. 13 

provisions to him on the Shawkaska, where he was then camped. 
The Indians stayed with me all night, sleeping in the office, as 
we were always friendly. In conversing, they told me they were 
going on a buffalo hunt soon, and as they had frequently invited 
me to accompany them, I thought it a little strange they should 
seem to avoid speaking of it this time; so I asked Stauislaw, and 
he said to go with him the next time. 

I said, "I guess I'll go with you this time." 

He said, "Maybe so the Indians wouldn't like it." 

I asked, "Why not?" 

He said, "Maybe we fight." 

I said, "Do you mean you are going on the war-path?" 

He said, " Maybe we kill some one." 

I said, "Do you mean to kill a white man?" 

He said, "No, we kill a Cheyenne." 

I told him I would as lieve go on the war path myself with 
them, if they were only going to kill Indians, and that I wanted 
to go. 

He said the Indians wouldn't like it, but that it would be all 
right the next time. And in further conversation, he told me 
some one of the Osages had died, and that they would have a 
scalp. I think it was a young squaw, for he said they would not 
kill an old man, or one with gray hair; but that it must be a 
young man, or one whose hair was not gray. 

Sometime in the latter part of May or first of June I saw 
Stanislaw again, and told him I heard they were going out again, 
and that I would go this time sure. That I would ride to their 
camp on the Shawkaska, and join them. He was very sullen, 
and said but little. About this time I published a warning 
through the columns of the Arkansas City Traveler, intimating 
that it would not be safe to be on the plains, and that if caught 
I would not give much for their hair. Previous to this, one 
"Jim" had told Capt. Norton that the Osages were mad, and 
intended raiding on Arkansas City, and advised the captain with 
his family to leave. 

Sometime in June (I think the 10th day), one William Wil- 
son, in the employ of the L., L. & G. R. R., to run a ferry 
across the Arkansas at Deer Creek, and a resident of this 
county, was coming in from a trip west, where he had been to 
look after cattle, and on a creek not far from the Kickapoo 



14 THE OSAGE TROUBLES IN KANSAS. 

Agency, saw a party of Osages painted black, and knowing it meant 
"no good," avoided them, although he was well acquainted with 
them, and fearing trouble he went immediately to the Kickapoo 
Agency, and informed them what he had seen; when he was told 
that Stanislaw had been there and made some statements. He 
then came to my office and told me of it, and wanted to raise a 
company of ten or more picked men to follow them, make an at- 
tack by surprise and bring them back. I remarked that would 
be about as good a way to get into the Kansas Penitentiary as I 
knew of, and persuaded him to abandon the idea. 

O. P. Johnson, now in the employ of the United States as a 
scout at Cheyenne Agency, was in town, and I told him what 
Stanislaw had said and Wilson had seen, and he began estimat- 
ing and said, " Within ten days some one would lose their hair." 
If I remember right, he missed his calculation by three days. 

It was generally known that the Osages hated the Moseleys 
and Leonard on Medicine Lodge, and Johnson and all conceded 
they would make trouble on that creek before any other. At 
this place even, an Osage hanging around Medicine Lodge would 
have been considered suspicious. 

From February 18, 1874, I have regarded the Osages as very 
much dissatisfied and dangerous, and from the date of Wilson's 
statement, June 10, 1874, 1 have regarded them as being bent on 
killing white persons, or on the war-path, as I think has been 
definitely demonstrated, at least to the people of the border, who 
are generally aware of the facts. The main reason for our 
people denouncing Agent Gibson, was that he permitted these 
people to go off on an errand of this kind without notifying 
them in any manner whatever. C. M. SCOTT. 

Sworn and subscribed to before me, a justice of the peace of 
Creswell township, in and for Cowley county, State of Kansas, 
this 30th day of August, 1874. J. H. Bonsell, 

Justice of the Peace. 



THE OSAGE TROUBLES IN KANSAS. 15 



CORRESPONDENCE BETWEEN THE GOVERNOR 
AND SECRETARY OF THE INTERIOR. 



Department of the Interior, ") 
Washington, D. C, December 7, 1874. j 

Sir : On the receipt, by this Department, of information from 
the Commissioner of Indian Affairs of the alleged murder, by- 
Kansas militia, of five Osage Indians, in Barbour county, Kas., 
a commission was appointed, consisting of F. H. Smith, J. W. 
Smith, and Wilson Shannon, to investigate the facts and circum- 
stances in relation to the killing of said Indians. 

A copy of the report of the commission upon the subject is 
herewith transmitted for your information and consideration. 

To the last two paragraphs of said report your attention is 
particularly invited. They contain recommendations which I 
respectfully express the hope you may find it consistent with your 
sense of public duty to carry into effect, especially in view of the 
fact that this Department is precluded, for the want of appro- 
priate funds, from making any compensation to the Osages on 
account of the losses they have sustained by the unfortunate 
occurrence referred to. 

The testimony, somewhat voluminous, is on file in this Depart- 
ment, a copy of which will be forwarded, if you desire it. 
Very respectfully, 

Your obedient servant, 

C. DELANO, Secretary. 

To Hon. Thomas A. Osborn, Governor of Kansas, Topeka, Kansas. 

[The following are the two concluding paragraphs of the 
report referred to in the foregoing letter: 

"For the purpose of this report, the organization termed 
'Militia' has been treated as a force acting legally under the 
authority of the State of Kansas. It appears, however, that 
at the date of the occurrence no such authority had vested in 
them; that the order calling them into the service was not issued 
until ten days subsequently; and to what extent its ante-date 
to cover the period of this transaction changes the nature of the 
conduct of these persons from an act of murder to an act of 
war, it is not now proposed to inquire. 

"It is presumed the authorities of Kansas, when their attention 



16 THE OSAGE TROUBLES IN KANSAS. 

is called to the evidence in the case, will not hesitate to direct 
the return of the captured property. In the judgment of the 
commission, the Government of the United States should, in any 
event, see that the Indians are reimbursed."] 

Executive Department, j 

Topeka, Kansas, January 16, 1875. J 

Hon. C. Delano, Secretary of the Interior, Washington, D. C: 

Sir: I have the honor to acknowledge the receipt of your 
communication of the 7th ultimo, inclosing a copy of the report 
of a commission appointed by your department to investigate 
the facts and circumstances in relation to the killing of five 
Osage Indians in Barbour county, Kansas, by the militia of this 
State. 

In reply, I feel it my duty to express my earnest conviction 
that the commission is entirely in error in its conclusion. Soon 
after the killing of the Osages referred to, I detailed an officer 
to visit Barbour county, with instructions to investigate thor- 
oughly the nature of the engagement between the militia and the 
Indians. The report of the officer (Capt. J. W. Morris) left no 
doubt in my mind as to the character of the Indians, and the 
purpose of their presence in that section. The Indians were 
there for hostile purposes ; they made the first attack, and the 
losses which they sustained were sustained in the engagement 
which followed the attack. This was, in substance, the report of 
Capt. Bicker, in command of the company of militia, following 
the engagement, and the investigation afterwards made by my 
order fully sustained its truthfulness. Subsequently my Adju- 
tant General, while in Barbour county, made inquiry in regard 
to the matter, under instructions from me, and his report also 
fully sustains the conclusions formerly arrived at. 

A copy of the Annual Report of the Adjutant General is 
transmitted herewith, and your attention is respectfully invited 
to marked passages on pages 9, 10, 11, 13, 14, 15 and 26, and 
especially to the designated passage commencing on page 10. 
In this connection, permit me also to call your attention to the 
list of murders committed by Indians in this State, to be found 
on pages 34 and 35. 

The stock captured upon the occasion referred to has been 
disposed of by the authority of the State. 

I have the honor to be, sir, very respectfully, your obedient 
servant, THOMAS A. OSBORN. 



THE OSAGE TROUBLES IN KANSAS. 17 

[telegram.] 

Executive Department, | 

Topeka, Kansas, December 24, 1874. ) 
To the President, Washington, D. C. : 

I am informed by Agent Gibson that parties of Osages have 
left their reservation, ostensibly to hunt. I fear a collision be- 
tween them and the settlers in the southwestern part of this 
State, if they are not returned to their reservation. 

THOMAS A. OSBORN, 

Governor of Kansas. 

Department of the Interior, | 
Washington, D. C, January 11, 1875. j 
Sir: This Department received, by reference from the Presi- 
dent, your telegram of the 24th ultimo, relative to certain Osage 
Indians off reservation. 

For your information, I transmit herewith copy of a report, 
dated the 5th instant, from the Commissioner of Indian Affairs, 
to whom your communication was referred. 

Very respectfully, your obedient servant, 

B. R. CO WEN, Acting Secretary. 
Hon. Thomas A. Osborn, Governor of Kansas. 

[COPY.] 

Department of the Interior, 
Office of Indian Affairs, 
Washington, D. C, January 5, 1875. 
Sir : I have the honor to acknowledge the receipt, by Depart- 
ment reference of December 31, of telegram from his Excel- 
lency, Thomas A. Osborn, Governor of Kansas, to the President, 
stating that he is informed that parties of Osages have left their 
reservation, ostensibly to hunt, and that he fears collision between 
them and the settlers in Southwestern Kansas. 

Respecting the cause of alarm in the apprehension of Gov. 
Osborn, I have to state that these Osages are the people, a band 
of whom were murderously attacked by a party of men — after- 
wards enrolled by Governor Osborn as Kansas militia — and four 
of their number brutally killed, and the band plundered of the 
property they had along with them. 

The Osages have repeatedly asked of the Government, and of 
Governor Osborn, that steps be taken to punish these murderers 
and return the property. As to the most prompt and efficient 
2 



18 THE OSAGE TROUBLES IN KANSAS. 

method of preventing the Osages from attempting retaliation for 
the murder of their brethren, I beg to venture the suggestion 
that it will be found in the putting forth of vigorous efforts on 
the part of the authorities of Kansas to comply with the mani- 
fest requirements simply of justice and humanity. If the agent 
of the Osages were authorized to assure these Indians that the 
murderers at Medicine Lodge would be brought to punishment, 
and their stolen property returned, the Kansas border would be 
entirely quiet, so far as this tribe is concerned ; and until this 
is done, it will be very difficult, if not impossible, to prevent the 
Osages from giving occasional causes of alarm to a people who 
must be conscious of having deeply wronged them. 
Very respectfully, your obedient servant, 

EDWARD P. SMITH, Commissioner. 
The Honorable Secretary of the Interior. 

Department of the Interior, 
Washington, D. C, July 13, [1875. 

Sir: I have the honor to invite your attention to the accom- 
panying copy of the report of the Commissioner of Indian 
Affairs, dated the 3d instant, relating to the murder of Osage 
Indians by citizens of Kansas in August, 1874, which was the 
subject of Department letter to you dated 7th December, 1874, 
and of your reply thereto dated January 16th, 1875. 

The testimony in possession of this Department, touching the 
facts of this case, seems conclusive that the act committed by the 
so-called Kansas Militia was a wanton and unprovoked outrage 
upon the Osages. 

In transmitting the report of the Commissioner of Indian 
Affairs, I respectfully commend his suggestion to your favorable 
consideration : that the murderers be punished, or, if that cannot 
be done, that the State of Kansas restore the stolen property or 
its equivalent, and make reparation for the murders committed. 

I inclose for your information a copy of a letter of this date, 
addressed to the Commissioner of Indian Affairs, on the subject. 
Very respectfully, your obedient servant, 

C. DELANO, Secretary. 

Hon. Thomas A. Osborn, Governor of Kansas, Topeka, Kansas. 



THE OSAGE TROUBLES IN KANSAS. 19 

[copy.] 

Department of the Interior, ") 

Office of Indian Affairs, > 

Washington, D. C, July 3, 1875.) 

Sir: As supplemental to the frequent communications, here- 
tofore, between this office and the Department upon the subject 
of the outrage committed upon the Osages last August, I feel 
obliged, in the interests of peace and humanity, as well as the 
rights of the Indians, to make the following statement as to the 
condition of affairs at the present time. 

One year ago a party of Osage Indians, about thirty in num- 
ber — men, women and children — belonging to the bands of 
"Black Dog" and "Big Chief," were peacefully engaged in 
hunting in the buffalo country, in the southwestern part of Kan- 
sas, upon what was a part of their former reservation, when they 
were attacked by about forty Kansas citizens, under command 
of one Capt. Ricker, who were afterwards ordered upon duty as 
militia by the Governor of Kansas, the order being ante-dated 
so as to cover this outrage. Four of the Osages were murdered, 
and their property, and that of the other Indians, consisting of 
sixty ponies, saddles, bridles, blankets, and other camp equipage, 
was plundered and carried off by the so-called militia. The 
facts in the case are abundantly sustained by the affidavits of 
more than fifteen reputable citizens, who were eye-witnesses to 
the transaction; and on their testimony it is palpably evident 
that the affair was a cold-blooded murder, followed by theft and 
robbery. The Osages were greatly incensed at the time, and a 
border war deemed inevitable; but owing to the influence of the 
agent, and his promise to them that the Government would inter- 
fere in their behalf for their protection and rights, the war parties 
were temporarily restrained, and they have been kept waiting to 
this date in expectation of the fulfillment of these promises of 
justice. They have asked that the murderers be punished; or, 
if that cannot be done, that restitution be made them, and, at 
least, that the property stolen from them be returned. 

The attention of the Governor of Kansas has been frequently 
called to this subject, with the request for the return of the 
property, but without securing final action. The Governor has 
silently ignored the wrongs of the Osages in all this matter, and 
the property taken from them has been sold, or destroyed, or lost, 
being treated as plunder lawfully captured in war. 



20 THE OSAGE TROUBLES IN KANSAS. 

I am now informed by the agent that these Osage Indians are 
deeply grieved and incensed. The customary morning and even- 
ing wails of the orphans and widows are still kept up in the 
Osage villages, and it is with the utmost difficulty that they are 
daily restrained from going out in what are called "mourning 
parties," to assuage their grief in the blood of white men. 

I do not know that any further action on the part of the De- 
partment is at all practicable; but it is due both to the records 
of this Bureau and the Department that these statements should 
be made, and that the Governor of Kansas should be again 
informed of the feelings of the Osages, in view of the outrages 
committed upon them. 

It is possible, however, that if these "mourning" Osages were 
assured by their agent that the Department will ask of Congress, 
at its next session, a sum of money sufficient to satisfy them — 
say five thousand dollars — the agent may be able to restrain 
them, in the expectation of this reparation; and I respectfully 
request that authority may be given me to make such assurance 
to the agent, and to instruct him to use all means in his power, 
under this pledge of the Department, to prevent the Osages from 
taking justice into their own hands. 

Very respectfully, your obedient servant, 

EDWARD P. SMITH, Commissioner. 

The Honorable Secretary of the Interior. 

[cop Y.J 

Department of the Interior, ) 
Washington, D. C, July 13, 1875. j 

Sir: I have considered your report of the 3d inst., inviting 
the attention of the Department to the massacre of Osages in 
August last by a lawless party of Kansas citizens, led by a per- 
son named Richer, who were subsequently ordered upon duty 
by orders ante-dated to cover the murders. 

As suggested by you, the attention of the Governor of Kansas 
has been this day invited to the subject — a copy of letter to him 
inclosed herewith. 

Authority to inform the Agent of the Osages that the Depart- 
ment will recommend favorable action by Congress in their be- 
half at the next session, is hereby granted according to your sug- 
gestion, and you will instruct the Agent to assure the Indians of 
the intention of the Department in the premises, and to use 
every effort in his power to prevent the Osages from committing 



THE OSAGE TROUBLES IN KANSAS. 21 

any act in retaliation for the wrongs they have suffered at the 

hands of the citizens of Kansas. 

Very respectfully, your obedient servant, 

C. DELANO, Secretary. 
The Commissioner of Indian Affairs. 



Executive Department, ") 



Topeka, Kansas, July 20, 1875. 
Hon. C. Delano, Secretary of the Interior: 

Sir : In the letter of the Commissioner of Indian Affairs, of 
date July 3d, accompanying your letter to me of the 13th inst., 
in reference to the conflict, in August last, between Capt. Ricker's 
company of militia and a band of Osage Indians, I find this 
sentence : 

"The facts in the case are abundantly sustained by the affidavits of more 
than fifteen reputable citizens, who were eye-witnesses to the transaction, 
and on their testimony it is palpably evident that the affair was a cold- 
blooded murder, followed by theft and robbery." 

I have the honor to request that you will cause to be forwarded 
to me certified copies of these affidavits, in order that I may 
know upon what grounds the Commissioner bases his declaration 
that the militia of this State has been guilty of murder and 
robbery. 

Very respectfully, your obedient servant, 

THOMAS A. OSBORN, Governor. 

Department of the Interior, \ 
Washington, D. C, July 31, 1875. j 

Sir: For your information, and in reply to your letter of the 
20th inst., I have the honor to transmit herewith a copy of a 
report, dated the 23d instant, from the Commissioner of Indian 
Affairs, to whom your communication was referred, together with 
copies of papers referred to by that officer, in relation to the 
murder of Osage Indians by citizens of Kansas. 
Very respectfully, your obedient servant, 

C. DELANO, Secretary. 
Hon. Thomas A. Osborn, Governor of Kansas. 

[COPY.] 

Department of the Interior, ") 

Office of Indian Affairs, [ 

Washington, D. C, July 23, 1875. \ 

Sir: I have the honor to acknowledge the receipt, by reference 
from you, of a letter from Hon. Thomas A. Osborn, Governor 



22 THE OSAGE TROUBLES IN KANSAS. 

of Kansas, dated 20th July, 1875, requesting certified copies of 
the affidavits referred to in the report from this office of the 3d 
instant, in reference to the conflict in August last between Capt. 
Ricker's company of militia and a band of Osage Indians. 

In reply, I respectfully state that nine affidavits by "citizens" 
were transmitted to the Hon. Secretary of the Interior, February 
24th, 1875, with report relative to this subject; and accompanying 
the report of F. H. Smith, J. W. Smith, and Hon. Wilson Shan- 
non, commissioners to investigate the killing of the Osage Indians 
referred to, are several affidavits and copies of affidavits (some 
of them are made by Osage Indians, and not by "citizens") 
relative to the subject. These, with the report of the commis- 
sion, were submitted to the Department under date of October 
12, 1874. These constitute all the affidavits on the subject that 
have been received at this office. 

The letter of Governor Osborn is herewith returned. 
Very respectfully, your obedient servant, 

EDWARD P. SMITH, Commissioner. 

The Honorable Secretary of the Interior. 

Executive Department, ) 

Topeka, Kansas, Sept. 11, 1875. } 
Son. C. Delano, Secretary of the Interior : 

Sir: Your communication of July 13th last, covering a state- 
ment of the Commissioner of Indian Affairs, touching an alleged 
"outrage" perpetrated upon a band of Osage Indians by a com- 
pany of Kansas Militia, in August, 1874, has been duly consid- 
ered. The questions presented seem to be, first, the one of fact, 
having reference to the circumstances connected with the killing 
of the four Osage Indians; and, second, the propriety of the 
action of the State Government in that regard. 

In the outset, I desire to call your special attention to a state- 
ment contained in the Commissioner's letter forwarded by you. 
He says: "The facts in the case are abundantly sustained by the 
affidavits of more than fifteen reputable citizens, who were eye- 
witnesses to the transaction, and on their testimony it is palpably 
evident that the affair was a cold-blooded murder, followed by 
theft and robbery." Immediately upon the receipt of your letter 
I addressed you, as you are aware, requesting copies of the affi- 
davits referred to, and I now have the honor to acknowledge the 
receipt of the same from your Department. 



THE OSAGE TROUBLES IN KANSAS. 23 

I well knew that an extraordinary effort had been made by the " 
Indian Bureau to obtain affidavits from people living in the 
vicinity where the difficulty occurred, tending to show that the 
Indians killed were on a peaceful expedition; yet I could not 
think it possible that, notwithstanding this effort, "fifteen repu- 
table citizens" could be found in that locality who would make 
oath to any such state of facts as would warrant the conclusion 
arrived at by the Commissioner. The investigations which had 
been made from this office were of such a character as to render 
reasonably certain the circumstances surrounding the killing of 
these Indians. The result of these investigations is the inevitable 
conclusion that the Indians were off their reservation, and in the 
State, in violation of orders from both the civil and military 
authorities of the General Government, and for a hostile purpose. 
Hence, I say, in view of the vigilance which had been exercised 
by the State authorities in the effort to ascertain the facts, and 
the result of such effort, I knew there must be some mistake on 
the part of the Commissioner in this statement; and that I was 
not in error the affidavits forwarded by you fully prove. 

There are, it is true, just fifteen affidavits from " citizens," but 
six of these emphatically corroborate the report of Capt. Richer, 
and state that the Indians commenced the firing. The other nine 
affidavits differ somewhat as to the circumstances connected with 
the engagement, but they all utterly fail, I submit, to warrant 
any such statement as that made by the Commissioner of Indian 
Affairs. The Commissioner certainly could not have known that 
several "citizens" whose affidavits he has on file, and whose 
characters he so emphatically indorses, were, for good cause, 
dropped from the rolls of Capt. Backer's company; and he 
must have overlooked the fact that one of the "reputable citi- 
zens" referred to by him had two affidavits on file in his office, 
in one of which he swears positively that the Indians fired first 
and in the other that they did not fire at all. 

Now let me, in as succinct a manner as possible, review the 
action of the State Government in regard to this matter. In so 
far as I may refer to the horrors of the Indian campaign of the 
summer of 1874, it will be done for the single purpose of show- 
ing the condition of matters here in the State at the time of the 
engagement which has given rise to this controversy. 

The details of last year's Indian outrages in Kansas are too 



24 THE OSAGE TROUBLES IN KANSAS. 

sickening for contemplation, and I would now gladly avoid all 
reference to them, and, so far as I can with propriety, will do so. 
The Department of the Interior is aware of the fact that during 
the past year many citizens of this State, while attending to their 
legitimate business, were, within the boundaries of the State, 
brutally murdered by the savages. Several of these outrages 
were committed in Barbour county, in the vicinity of Medicine 
Lodge. As a natural result, homes were abandoned, and the 
people flocked to the towns in the neighborhood for protection. 
At Sun City, Kiowa and Medicine Lodge, stockades were built, 
and within these rudely-constructed defenses the citizens there 
congregated organized themselves into a military force, in pur- 
suance of the laws of this State, for self-protection, and arms and 
ammunition were furnished them by the State Government for 
that purpose. 

The entire southern border was regarded as in a state of war. 
United States troops were stationed in that locality, and patrolled 
from time to time the country bordering on the Indian Territory. 

The Osages, who were supposed to have been concerned in 
some of the outrages, were on the 15th day of July at Salt Fork, 
twenty-five miles south of the Kansas State line, peremptorily 
ordered by Major Upham, in command of United States troops 
in that locality, to remain on their reservation, under penalty, in 
case of disobedience, of being treated as hostile ; and messengers 
were at once dispatched for all who were absent to notify them 
thereof, and the settlers in the stockades were duly informed of 
the order. Thus matters stood until about the last of July, when 
the troops stationed in that locality were withdrawn, for the pur- 
pose of accompanying Gen. Miles on his expedition against the 
Cheyennes, and the few scattered settlers, then crowded together 
in the stockades, began to realize that they must rely upon them- 
selves for protection from the savages. 

It was while matters were in this condition that the band of 
Osage Indians referred to came into Barbour county, and when 
near Medicine Lodge encountered the militia under command of 
Captain Ricker. Captain R., in his report of the engagement, 
dated August 7, 1874 (a copy of which was duly forwarded to 
your Department), says: 

"A few days ago forty of them made their appearance in front of the 
stockade at Kiowa, sixteen miles south of this point, where I have twenty- 
five of my men on duty, and examined the location of the same very 



THE OSAGE TROUBLES IN KANSAS. 25 

closely. From there they moved east and north through the Cedar Hills. 
From what I can learn they are the same band that captured two teams 
from Wiggins a short time since. They set fire to and burned off all the 
range on their route. To satisfy myself in regard to the correctness and 
truth of these reports, I, with Lieut. Moseley and twenty-five men, left Medi- 
cine Lodge this morning and traveled northeast about fifteen miles, where 
I encountered between forty and fifty of the young braves of the Osage 
tribe. Six of them advanced toward us, while the balance of them formed 
for battle on a hill south of us. I halted my command and made signs for 
the forward ones to advance, which they did, coming up to us with their 
bows strung and arms in their hands, guns and revolvers cocked. I ordered 
them to give up their arms. Three of them did so, the other three refusing 
to understand me. I then, through Lieut. Moseley, who acted as interpreter 
for me, requested them to have the braves dismount and advance; but, in 
place of this, thinking perhaps that we could not understand them, they 
ordered them not to come, but to fire into my men, which was immediately 
done. The others then made a dash to stampede my horses. We then 
commenced firing on them, and had an exciting time for a few minutes." 

The excitement on the border was very great, and the opinion 
was general that the border counties would, unless something 
could be done to insure them protection, become entirely depop- 
ulated. In this emergency, the command of Capt. Ricker was 
ordered into active service, to date from the day on which, as 
shown by his report, it had performed actual service in the field, 
to wit, August 7th. 

On the 25th of August I was informed by Superintendent 
Hoag that he had reason to believe that the statements of Capt. 
Ricker, in his report of the engagement on the 7th, was incorrect ; 
that the Indians were not in the State for hostile purposes. Capt. 
R. was immediately informed thereof, when he caused to be for- 
warded to this office six affidavits from persons who were present 
at the engagement, all unqualifiedly sustaining the report made 
by him. This seemed to leave no doubt as to the character of 
the engagement ; yet, in view of the anxiety shown by the Indian 
authorities in regard to this one difficulty (the only one, by the 
way, in Kansas in which Indians were killed and not white men), 
I directed Captain J. W. Morris, of my staff, to proceed to Bar- 
bour county and make diligent inquiry as to the purposes of the 
Indians, and the circumstances surrounding the engagement. 
Capt. Morris spent several days in that section of country, in the 
execution of the duty intrusted to him, and his report, a copy of 
which is herewith forwarded, fully sustains that of Capt. Ricker. 
It had previously been determined that all hostile bands of 



26 THE OSAGE TROUBLES IN KANSAS. 

Indians found within the State should be treated as enemies at 
war; hence the disposal of the property captured from this band 
by State authority. 

Still careful that there might be no room for doubt as to the 
facts, I directed the Adjutant General of the State, when he was 
ordered to sell the captured property, to make further and most 
careful inquiry, and if it should appear there was cause, no mat- 
ter how slight, to believe that the Executive authority of the 
State had been misinformed or deceived, to make no sale, but 
hold the property subject to further orders. His conclusion, 
which will be found in his annual report, to which your attention 
was called January 16, 1875, fully sustained the report of Capt. 
Kicker and the six affidavits heretofore referred to, as well as the 
report of Capt. J. W. Morris. Such great care had been exer- 
cised by the State government in connection with this matter that 
it did not seem possible it could be mistaken as to the facts ; and 
I had concluded that the Osage difficulty was a subject of the 
past. In this, however, I was in error, as appears from your 
letter of July 13. Recognizing the importance of the source 
from which that communication emanated, and the gravity of 
the accusation embraced in it, I concluded, notwithstanding my 
implicit faith in the correctness of the conclusions heretofore 
reached, to go over the whole ground once more, and to submit 
all the facts and circumstances to the test of an investigation 
more elaborate and more rigid than any that had preceded it. 
To this end, on the 10th day of August last I directed Captain 
Lewis Hanback, a gentleman accustomed to the methods of elic- 
iting testimony, and competent to weigh it accurately, to proceed 
to Barbour county and " make a full and rigid investigation of 
the facts and circumstances attending the conflict between Capt. 
Ricker's company of State Militia and a band of Osage Indians, 
which occurred in the month of August, 1874. Reparation 
having been demanded of the State, on behalf of the Osage 
tribe, by the Department at Washington, the Governor desires, 
before taking final action upon said demand, that the circumstan- 
ces which gave rise to it shall receive a thorough and impartial 
investigation," &c. (See this order copied in full in Capt. Han- 
back's report.) 

This report, which is quite full, embraces the sworn testimony 
of some fifteen witnesses, among whom I recognize the principal 



THE OSAGE TROUBLES IN KANSAS. 27 

merchant at Medicine Lodge, the Probate Judge, Register of 
Deeds, County Clerk, County Attorney, Clerk of the District 
Court, Sheriff and other prominent citizens of Barbour county, 
and also includes the testimony of four persons who were present 
at the engagement on the 7th of August. The scope of his 
investigation was quite broad, covering not only the circumstan- 
ces of the Indian fight, but also the character of this band of 
Indians, their purposes in coming into that section, the state of 
public sentiment in the community at the time and the circum- 
stances connected with the killing of several white men in that 
neighborhood a short time previously, and the Indians by whom 
such outrages were perpetrated. I am confident that a careful 
examination of this report will convince you that the State Gov- 
ernment was correct in its conclusions in regard to this band of 
Indians. The testimony is voluminous, and I will not refer to it 
in detail; but I cannot forbear calling your attention to the 
statements of several witnesses touching the identity of the Indi- 
ans who had committed the several murders in Barbour county, 
in the month of July. This testimony renders almost unmistak- 
able the conclusion of the Adjutant General of the State, to the 
effect that these outrages were committed by Osages. 

The question of fact may properly rest here. There are, how- 
ever, a few other considerations to be mentioned. It seems to me 
that the public safety requires that Indians who have reservations 
should be compelled to stay upon them (except in cases of great 
emergency), at the risk of being killed if they stray from them. 
People living upon the frontier, exposed to Indian depredations, 
or who have suffered from them, cannot always be relied upon to 
institute judicial investigations respecting the status of Indians 
found roaming in their midst. The complete separation of the 
white settlers and the Indians is the only reasonable guarantee of 
safety to either. This policy is, practically, the policy of your 
Department, and it ought to be rigidly enforced. I have before 
me a press dispatch, dated Washington, December 31, 1874, to 
the following effect : 

"The Bureau of Indian Affairs has issued a circular letter to superintend- 
ents and agents of Indian departments, instructing them to notify the several 
bands or tribes of Indians under their supervision that they must confine 
themselves wholly within the limits of their respective reservations ; that 
under no pretext must they leave without a permit in writing." .... 
" Whenever it shall be deemed either necessary or judicious to grant a 



28 THE OSAGE TROUBLES IN KANSAS. 

permit, application should be made before its issuance to the commanding 
officer of the nearest military force, who will furnish a sufficient guard to 
accompany and remain with the Indians as long as they remain in a white 
settlement, and those who may require their passes through such settlements 
must be as expeditious as possible. Indians are to be warned that without 
the protection thus guaranteed them by written permit and military guard, 
they are liable to be looked upon and treated as hostile bands." 

The reservation of the Osages is outside of Kansas, and they 
have no business in the State, certainly not unless under the 
conditions prescribed by the Indian Bureau. The particular 
band of Osages with whom the difficulty occurred in Barbour 
county was in Kansas in violation of positive orders from the 
civil and military officers of the Government, and in defiance of 
orders from Lieut. Smith, of the State Militia, stationed at Kiowa, 
to return to their reservation. (See testimony of Lieut. Smith, 
accompanying Capt. Hanback's report.) Hence it will be seen 
that the State Government has not only vindicated its own 
policy, but it has also assisted in enforcing that of the General 
Government. 

While these Indians remain on their side of the State line, 
they need apprehend no interference from our citizens; but it is 
high time that they understood that they can trespass upon the 
State only at their peril. 

The demand made by the Commissioner of Indian Affairs, 
and sanctioned by you, that the State should compensate the 
Osages for the ponies and property captured in this Barbour 
county conflict, prompts me to urge that Kansas would be very 
glad to reach a complete adjustment of all pending Indian claims; 
and while I never can admit that she ought to pay a single dol- 
lar on this particular account, still, in order to facilitate a settle- 
ment, I assume the authority to say that the allowance in full of 
this demand would not be grudged by the State, in case it might 
be regarded as a partial offset to the very considerable amount 
due from the General Government, or the Indian tribes which 
are under its control, on account of losses suffered from the 
depredations of such tribes. 

I need not remind you that it is a paramount duty of the Gov- 
ernment to protect its citizens, especially from the predatory in- 
cursions of these Indian tribes over which it professes to exercise 
a strict supervision. I cannot but recognize the difficulty of the 
task, and therefore I insist that credit, rather than blame, is due 



THE OSAGE TROUBLES IN KANSAS. 29 

to the local authorities for their aid in a work to which the Gen- 
eral Government alone seemed to be inadequate. 

During its brief history, this State has expended from its 
treasury more than $300,000 in the defense of the people against 
Indian hostilities, nearly $40,000 of which was expended in the 
campaign of last year. Every dollar of this amount should be 
repaid by the United States, and I appeal to you as the head of 
the Department having charge of Indian affairs, to recommend 
that Congress make provision for this act of justice. 

Besides, citizens of this State have claims to a very considerable 
amount against numerous Indian tribes for losses and damages 
sustained by reason of their depredations. A large propor- 
tion of these claims have been properly examined and audited 
by commissioners empowered by act of the Legislature, and the 
results submitted to Congress. The commission which sat in 
1872 allowed claims of this character to the amount of $119,- 
807.66, of which I find chargeable to the Osages the sum of 
$18,290.96. These are legitimate claims for property of peaceful 
citizens captured or destroyed by thieving Indians. They should 
be satisfied from the annuity fund set apart for these Indians. 

This Osage difficulty has been the occasion of much labor and 
of an exceedingly voluminous correspondence on the part of this 
department. In perfect good faith, the State Government has 
sought to ascertain all the facts. In view of these facts, I am 
bound to maintain that the action of the militia in Barbour 
county was both justifiable and proper, and consequently that 
the demand upon the State for •'reparation" is without warrant. 
This conclusion is based upon the several investigations detailed 
in the foregoing. I can conceive of no testimony that would be 
likely to modify it, and therefore I respectfully request that it 
may be regarded as the final determination of the State Govern- 
ment. 

I have the honor to be, sir, very respectfully, 
Your obedient servant, 

THOS. A. OSBORN, Governor. 



30 THE OSAGE TROUBLES IN KANSAS. 



REPORT OF CAPTAIN J. W. MORRIS. 



Hutchinson, Kansas, August 17, 1874. 
To Col. C. A. Morris, Adjutant General, Topeka, Kansas: 

Sir : I have the honor to report that in accordance with in- 
structions I have investigated the encounter between the State 
Militia and a band of Osage Indians, in Barbour county, Kansas, 
on the 7th day of August, 1874, and find the following to be the 
facts: On or about the 1st day of August, 1874, a war party of 
between forty and fifty mounted Osages, consisting mostly of 
young men in full war paint, made their appearance close to the 
stockade at Kiowa, in Barbour county, and after an apparently 
careful survey of the stockade and surroundings, they departed 
in a southeasterly direction, and for several days following small 
parties of Indians were seen in different parts of the county, 
capturing horses and causing great uneasiness and alarm among 
the settlers, resulting in a general stampede and the congregating 
of the people of the county in the stockades at Sun City, Medi- 
cine Lodge and Kiowa. 

On the 5th of August a company of United States Cavalry 
from Fort Dodge, on a scouting expedition west of Comanche 
county, struck a fresh trail of fifteen mounted Indians, leading a 
little north of west. The cavalry gave immediate pursuit, and 
the Indians, discovering they were being followed, turned their 
course through Comanche county, and on the 6th of August 
were discovered in Barbour county, near Medicine Lodge, where 
the cavalry were so close upon them that the Indians scattered 
into small parties of two and three each, and their trails were 
entirely lost. The soldiers then gave up the pursuit and turned 
back towards Fort Dodge. 

On the evening of the same day a scout from Kiowa, when 
about twelve miles northeast of Medicine Lodge, saw several 
small parties of Indians making their way rapidly towards a 
fixed point. He followed and soon came upon a large camp of 
Indians which, upon closer inspection, he thought to be the force 
that appeared before the stockade at Kiowa on the first instant, 



THE OSAGE TROUBLES IN KANSAS. 31 

which he reported the same night to Capt. Ricker, at Medicine 
Lodge. 

. On the following morning, August 7th, Capt. Ricker, with a 
detachment of twenty-three mounted men of his company, left 
Medicine Lodge, going in the direction where the scout had dis- 
covered the Indians the day before, and when about fifteen miles 
out he discovered their camp. Wishing to ascertain whether the 
Indians were hostile or friendly, Capt. Ricker marched his com- 
mand into a ravine close to their camp, and when nearly oppo- 
site he rode out alone upon the high ground in full view of and 
within one hundred and fifty yards of the Indians, who proved 
to be a party of about forty-five young Osage braves. As soon 
as Capt. Ricker was discovered, eight or ten of the Indians 
mounted their ponies and came towards him with hostile demon- 
strations, they having their bows strung and arrows in their 
hands; also guns and revolvers cocked. When quite close to 
Capt. Ricker, the Indians saw the company of militia, which 
now dashed up out of the ravine, and Capt. Ricker, through an 
interpreter, demanded of them in the Osage language to surren- 
der and deliver up their arms, which four of them were in the act of 
doing when their chief, Capt. Broke-arm's son, in the Osage lan- 
guage called upon the main body (who were now mounted and 
in line) to fire on the militia, which they promptly did, at the same 
time making a dash towards Capt. Ricker's company. The fire 
of the Indians was promptly returned by the militia, and the 
Osages were completely routed, leaving four of their dead on the 
field, one of which was the son of Broke-arm, the chief who 
ordered the attack. The Indians were only pursued a short dis- 
tance, as Capt. Ricker was apprehensive of an additional force 
of Osages in the vicinity. The militia captured a large number 
of ponies and mules, with which they returned to Medicine Lodge 
the same day. 

Very respectfully, your obedient servant, 

J. W. MORRIS, 
Captain, and Aid-de-Camp. 
[For the conclusions of Adjutant General C. A. Morris, touch- 
ing this subject, see his annual report for 1874.] 



32 THE OSAGE TROUBLES IN KANSAS. 



REPORT OF CAPTAIN LEWIS HANBACK. 



Topeka, Kansas, August 24, 1875. 
Major H. T. Beman, Asst. Adjutant General: 

Sir: I have the honor to report, that on the 10th day of Au- 
gust, 1875, I received the following orders from the Governor 
and Commander-in-Chief: 

State of Kansas, Office of Adjutant General, ) 
Topeka, August 10, 1875. J 
Special Orders No. 18.] 

To Captain Lewis Hanback, Special Aid-de-Camp : 

Sir: You are hereby instructed to make a full and rigid investigation 
of the facts and circumstances attending the conflict between Captain 
Bicker's company of State militia and a band of Osage Indians, which oc- 
curred in Barbour county, Kansas, in the month of August, 1874. 

You will receive, herewith, for your information, communications from 
the Secretary of the Interior and the Commissioner of Indian Affairs, to- 
gether with accompanying affidavits, seeking to maintain that in the 
conflict above mentioned, Capt. Ricker and his command made an attack 
without provocation upon peaceful Indians, and were guilty of the murder 
of four of said Indians, and of the unlawful taking of ponies and other 
property belonging to said band. 

Reparation having been demanded of the State, on behalf of the Osage 
tribe, by the Department at Washington, the Governor desires before taking 
final action upon said demand, that the circumstances which gave rise to it 
shall receive a thorough and impartial investigation. To this end, you 
will, without delay, proceed to Barbour county, and make strict inquiry as 
to the affair in question, with all its surroundings. 

You will consult with as many as practicable of those who were members 
of said militia company at the time of the conflict in question, as well as 
other persons having knowledge of the circumstances; and will cause the 
testimony taken to be reduced to writing, and duly verified. Having made 
your investigation as thorough as possible under the circumstances, you 
will return to this city and report the results thereof, in writing, to the 
Governor, together with the testimony taken. 

By order of the Governor. H. T. BEMAN, 

Assistant Adjutant General. 

In obedience to the above orders, I left Topeka on the after- 
noon of the 10th inst., taking the A., T. & Santa Fe Railway- 
to Hutchinson, and by stage to the town of Medicine Lodge, the 



THE OSAGE TRO.UBLES IN KANSAS. 33 

county seat of Barbour county, where I arrived on the evening 
of the 11th. 

Thursday and Friday were occupied in meeting citizens of the 
county, and explaining to them my mission and its object. On 
Friday evening, a meeting of the citizens of the town and sur- 
rounding country was held at the school-house, at which there 
was a fair attendance. I explained to the meeting the object of 
my visit, and read to them all of the correspondence which had 
passed between the Executive Department of the State and the 
Secretary of the Interior and the Commissioner of Indian 
Affairs, together with the report of a commission consisting of 

Mahlon Stubbs, Finney, and L. B. Kellogg, who had been 

appointed by Agent I. T. Gibson of the Osages, to investigate the 
alleged killing of four Osage Indians on the 7th of August, 1874, 
by a portion of the Kansas militia under command of Capt. C. 
M. Bicker. I also read to the meeting the separate report of 
Mahlon Stubbs (who is Agent of the Kansas tribe of Indians), 
made by request of Special Commissioner Smith, of the Indian 
Department, to the President's Peace Commission. 

In doing this, I was actuated by a desire to place the whole 
matter in as succinct and clear a light as possible before the 
citizens of Barbour county, rendering thereby compliance with 
the orders under which I was acting. 

I explained to the meeting that I was among them solely for 
the purpose of arriving at the true state of the facts connected 
with the Indian troubles of 1874, and to this end the hearty co- 
operation of the citizens was requested. I am happy to be able 
to report that in all the investigation which subsequently fol- 
lowed, I met with but little opposition, if any ; and I avail my- 
self of this opportunity to express my thanks for the courteous 
assistance extended to me by the citizens of the county with 
whom it was my good fortune to meet. 

From Saturday until Wednesday, I was engaged in taking testi- 
mony, and in visiting different portions of the county and meet- 
ing citizens. I respectfully submit the accompanying testimony, 
taken in the form of interrogatories, as the result of my labors. 
In every case, before I commenced taking the testimony of a 
witness, I explained to him that I desired a full statement of the 
facts as he knew them, either from personal observation, or from 
information in which he had an implicit reliance, and as near as 
3 



34 THE OSAGE TROUBLES IN KANSAS. 

possible the testimony of each witness was taken down in his or 
her own language. 

Barbour county was originally a part of the Indian reservation 
belonging to the Osages. It is one of the largest counties in the 
State ; is well supplied with running streams, and heavy crops of 
buffalo grass. Its winters are generally mild, and these, with the 
other fact that it is and has been the resort of all kinds of large 
game, made it a favorite hunting ground for the Osages. That 
tribe held almost undisputed sway over it, even after its cession, 
until within the past four years, when settlements of white men 
began to be formed, and so rapidly as to speedily dispute the 
sway theretofore exercised over it. The result was, that game 
became less abundant, and rendered hunting more difficult and 
arduous. Traveling bands of Osages and other tribes were fre- 
quently found within the limits of the county. There could be 
but one result brought about by such a state of things. The 
settlements grew, and the Indians became more and more jeal- 
ous of the encroachment of the whites. Occasionally news 
would be received of some settler being killed and scalped, or of 
horses and stock stolen and run off. Prominent among the citi- 
zens killed was John Moseley, who for a number of years had 
been one of the advanced pioneers of the State. In the winter 
of 1873 he was attacked in his house on Medicine Lodge creek, 
by a band of Osages, and, after several hours' fighting, was killed. 
C. C. Leonard and another settler was with him at the time. 
After he was killed, the Indians retreated, driving off some stock. 
I have made arrangements to have the testimony of Leonard 
taken, and forwarded to your office. 

In this way matters continued until the winter of 1874. 
There had been no general uprising of the Indians, such as 
would cause a state of uneasiness. While it was known that 
there was bad blood among the various tribes, and especially the 
Osages, yet there was a comparative feeling of safety in exist- 
ence among the settlers. But during the winter and spring of 
1874, a different state of facts arose. Information was brought 
in by hunters to Medicine Lodge, that a general uprising among 
the Indians was being by them contemplated and discussed. 
This news was entitled to credence. It came from men 
whose education in such matters was complete, and whose 
judgment was relied upon; who had heard the talk, and noted 



THE OSAGE TROUBLES IN KANSAS. 35 

the preparations being made in the various lodges and camps 
of the Cheyennes, Osages, Arapahoes and Kiowas. The cause 
of additional belief in the minds of the hunters, was that they 
noticed that the Indians used only bows and arrows for killing 
their game, saving their ammunition ; and also that they were 
anxious to barter for ammunition. And, in addition to this, the 
Indians told them that when the grass grew the white men would 
lose their hair. (See testimony of D. E. Sheldon.) 

It appears from the testimony taken by me, and also from in- 
formation which I received, that all of these circumstances, 
facts and rumors, were transmitted to the settlers, and were by 
them understood. So that when spring came and the grass 
began to grow, there was a vigilant outlook kept up for appre- 
hended troubles; but as the season advanced and no depreda- 
tions had been committed, a feeling of security settled upon the 
citizens, and all thought of harm from Indian sources dwindled 
into insignificance. Thus matters continued until the 16th of 
June, 1874. But prior to that time, and as early as the 9th of 
April, 1874, a party of Cheyennes, of Little Robe's band, stole 
a lot of stock near Sun City, in Barbour county, and succeeded 
in getting away with the greater part of it. Other acts of a 
similar nature were committed along the frontier, and it was no- 
ticed that the Indians of the various tribes were sullen, and in 
some cases insolent. Yet no overt act was committed until the 
16th of June, when the town of Kiowa was attacked, and after 
a large number of shots had been fired into the houses, the In- 
dians withdrew, taking with them four horses. From subse- 
quent developments, it appears that this party, numbering eleven, 
camped that night on Mule creek, and next day passed unob- 
served, except by a young man named Dwinnell, but a short 
distance south of Medicine Lodge. 

On the morning of the 17th, two men, named respectively 
Martin and Kennedy, passed through Medicine Lodge in their 
wagons, on their way to the Cedar Hills for rails. Two days 
afterward, they were found in a cedar canyon, six miles south- 
west of town, dead and scalped ; their horses were missing. On 
the 17th, about 11 o'clock in the forenoon, Isaac Keim, while 
driving along the road leading to his claim, on Little Mule 
creek (and about two miles from where Martin and Kennedy 
were killed), was ambushed, killed and scalped, and his horses 



36 THE OSAGE TEOUBLES IN KANSAS. 

taken. All these depredations and murders were undoubtedly 
committed by the same party which had attacked Kiowa the 
day before, as a clear trail was made from the canyon to where 
Keim was killed. Attention is here called to the testimony of 
Mrs. Sarah Garlinghouse, who, with her two children, were in 
their house, not over two hundred yards from the place of 
Keim's murder. Mrs. Garlinghouse is a woman of more than 
ordinary sense. Nearly her whole life has been passed on the 
frontier, in the midst of and in close proximity to the Cheyennes, 
Arapahoes, Osages and Kiowas. Her father is a noted pioneer 
and plainsman, and both by education and observation she is 
well qualified to express an opinion as to what tribe the Indians 
who killed Keim belonged to. In addition to this, and as add- 
ing to the weight of her testimony, she is a woman of irreproach- 
able character, enjoying, to the fullest extent, the confidence and 
respect of all who know her. I know this to be a fact, because 
I took pains to ascertain what those who knew her thought of 
her, and what reliance was to be placed upon her judgment ; to all 
my inquiries there was but one response: that she knew what she 
was talking about, being as well versed in Indian matters — their 
habits and dress — as any person in the county. Her testimony 
is of the greatest importance, being, as she was, the only eye- 
witness of the horrible deed. She swears she thought at the 
time they were Osages, and her description of the way they 
wore their hair (cut short, while all the other tribes heretofore 
mentioned wear their hair long), the style of their dress, their 
manner, all indicate that she was correct in her judgment, and 
that the murderers of Martin, Kennedy and Keim were mem- 
bers of the Osage tribe. 

The news of the murders of these peaceable and unoffending 
citizens was soon transmitted to all the settlers in the county. A 
reign of terror ensued. Homes were deserted at once, and the 
towns were soon crowded with the settlers, gathered together for 
mutual protection. Active measures were resorted to for the pub- 
lic defense. Assistance was sought from the State and furnished as 
rapidly as possible. A continued state of alarm existed. It was 
deemed utterly unsafe to travel beyond the limits of the towns, 
which were all stockaded, except in force. Authority being 
given, C. M. Ricker enrolled a company of about sixty men, the 
greater part of whom were armed and mounted. Frequent 



THE OSAGE TROUBLES IN KANSAS. 37 

scouts were made. Pickets were posted at night, and to all in- 
tents and purposes a state of war existed. All Indians found 
within the limits of the county were prima facie deemed enemies, 
and none were considered more so than the Osages. Treacherous 
and cowardly as they are, it was believed that they only awaited 
a safe opportunity for murder and robbery. Nor were these 
fears based on groundless conjecture, for it appears that during 
these times Agent I. T. Gibson arrived at Medicine Lodge and 
endeavored to get an escort and conveyance to go with him in 
search of a part of Black Dog's band of Osages, which he (Gib- 
son) said was somewhere in that portion of the country off their 
reservation, and against his advice and consent, and he feared 
they would join the Cheyennes and other Indians on the war- 
path. (See Dr. T. W. Davis's testimony.) All of the statements 
of Gibson were talked of and canvassed by the inhabitants of 
Medicine Lodge, and afforded additional food to their fears. 

In the fore part of July Charles C. Bond, by profession a phy- 
sician, while early one morning on his way to Sun City, was met 
by a party of Osages, four in number, and narrowly escaped with 
his life, seven shots being fired at him. Although pursued by a 
force of militia then stationed at Lake City, the Indians escaped, 
taking with them several horses belonging to Abraham Winnie 
and William Carl. On their trail and during their pursuit was 
found a woman's scalp which had been but recently taken, show- 
ing that the party had been on the war-path. 

Dr. Bond, who makes an affidavit of the above facts, is a 
worthy and an intelligent man, and one of a very few who had 
remained outside of the stockades, as he believed there was no 
danger from Indians. It is needless to say that he changed his 
opinion in a very few moments after his narrow escape. I re- 
spectfully direct attention to his statement. 

At about this same time two men who lived in Sumner county 
but' were in Barbour county after a load of cedar, were return- 
ing home, when they were overtaken by a party of Indians 
(Osages) and their teams taken from them. Personally they 
were not molested, but they reported the Indians insolent, and 
deemed it a providential act that their lives were not taken. 
In this connection I might remark that both Winnie and Carl 
are now prosecuting their claims against the Osages for taking 
their property, and that their claim has been recognized in part 



38 THE OSAGE TROUBLES IN KANSAS. 

by Agent Gibson, additional proof being only required to perfect 
their claim. 

Thus matters continued until the early part of August, 1874, 
when about the 4th or 5th a party of Osages appeared near the 
town of Kiowa. The band numbered over thirty warriors, and 
was under the command of the Indian who has heretofore been 
referred to as having but one eye. They were visited by Lieut. 
Eli Smith, then in command of a portion of Kicker's company 
stationed at that place. By his testimony, which is herewith 
submitted, together with the testimony of Levi Davis, it appeared 
they claimed to be a buffalo hunting party. Lieut. Smith testi- 
fies that he ordered them to return to their reservation, which 
they failed and refused to do. The testimony of Lieut. Smith, in the 
light of subsequent events, is important, and justifies the reasonable 
conclusion which he arrives at, that hunting buffalo was only a 
pretext ; and as reasons for his conclusion he says they kept as 
nearly as possible their arms concealed. They would not talk 
English. One of the Indians was painted, his horse was painted, 
he was armed with a shield, and he was in every respect gotten 
up in war style. Added to this, he was insolent in his manner. 
Smith tried to talk with the Indian with one eye, who it was 
known could talk English, but he paid no attention to him 
(Lieut. Smith), pretending he could not understand. 

As bearing upon the mission of these Indians, reference is had 
to the conversation which Lieut. Smith subsequently had with 
Mahlon Stubbs, agent for the Kansas Indians, and whose admis- 
sions and statements are from the very nature of things important, 
it being presumable that Stubbs would make no statements of 
the kind referred to unless he was certain of their absolute truth. 
Yet Stubbs states to Smith, in the presence of John Moseley, in 
front of the residence of Judge Updegraff, at Medicine Lodge, 
that this same party was a mourning band, which is in reality a 
war party. The facts in the case are that these Indians were 
warned not to remain, and were ordered to return to their reser- 
vation. Their presence in the county and their failure to obey 
the order of Lieut. Smith was by that officer on the next day 
communicated by him in person to Capt. Kicker. 

I now come to the important part of the mission upon which I 
was sent, to wit: to make careful inquiry into the facts of the 
engagement of August 7th, with the Osages, in which four Osages 



THE OSAGE TROUBLES IX KANSAS. 39 

were killed. The testimony of Iliff, Lampton, Van Slyke and 
Garlinghouse may be relied upon. Their testimony was taken 
separately, and neither knew what the others had testified to. 
Added to this, they are all men of respectability. 

On the evening of the 6th of August, 1874, about nine o'clock, 
the town of Medicine Lodge was suddenly thrown into a state of 
excitement, caused by the arrival of S. J. Shepler and his son 
Frank, who brought with them information to the effect that a 
party of Osage Indians were in camp about fifteen miles north- 
east from town. Shepler and son were both laboring under 
excitement, and Shepler stated to Friedley that he believed he 
would have been scalped if he had had a horse or mule instead 
of an ox team. He (Shepler ) urged Ricker to take his men out 
and investigate the cause of the Indians being oft' their reserva- 
tion. 

Orders were therefore at once issued for rations to be prepared 
for twenty-five men, officers included. 

On the morning of the 7th the command marched in the direc- 
tion indicated by Shepler. At noon halted for a short time and 
then moved on. About 1 o'clock Ricker's attention was called 
by Lampton and others to what they thought was a camp. He 
thought it was only some logs, and started forward (the command 
being halted) to reconnoiter. In a very short time he was seen 
returning on the run, swinging his hat; whereupon the com- 
mand moved forward to the top of the ridge immediately in 
front, formed in line, and then moved a short distance, when one 
Indian, mounted and advancing, was discovered, being near our 
line. He was forced to come in, and was quickly followed by 
others, who, as they came in, were disarmed or nearly so. By 
this time our line had moved to a point within sight of the Indian 
camp, and for the first time saw the whole Indian force, drawn 
up in line of battle, some three hundred yards distant. The 
Indians who had been captured were placed on the right flank 
of our line, and six men had been dismounted for the purpose of 
a guard. The rest of the command remained mounted, and 
were in full view of the Indians in line. The captured Indians 
were, therefore, in no danger from any attack which their com- 
rades might make. Matters remained in this state but a moment, 
when Capt. Ricker ordered the Indian who claimed to be chief 
to order those remaining in line to come up. The Indian did 



40 THE OSAGE TROUBLES IN KANSAS. 

halloo to them in the Osage language, when Lieut. Moseley, who 
was on his horse near by, and who thoroughly understands the 
Osage language, sprang towards him and told him that if he told 
the Indians again to fire on our line he would blow his brains 
out, or in language to that effect. I was unable to obtain the 
testimony of Lieut. Moseley, who is now in Texas, but have made 
arrangements to have it taken as soon as he returns. At once 
the captured Indians gave a yell, and commenced a most desper- 
ate and determined effort to escape. Iliff was beaten over the 
head, and eventually knocked to his knees; Van Slyke was run 
over; commotion was noticed in the main line; there was ev- 
ery indication that a battle had been begun. Garlinghouse's 
testimony on this point is important. He has been in a number 
of Indian fights, and he testifies that the action of the Indians 
on the 7th was the same as he had always observed under similar 
circumstances, and that at the time he "thought they had come 
out to give us a stand-off." Be this as it may, whether the 
Indians meant peace or war there was no time to consider. The 
two lines were apparently in hostile, array, prisoners captured 
were escaping, when our line, justified by every precept of 
sense and safety, opened fire on the Indians in line and 
those escaping. Van Slyke says the whole affair did not last 
more than two minutes. The result was that four Indians were 
killed. The retreating line was followed some three miles, no 
shots being fired owing to the great distance which intervened. 

Up to this time it was not known that the Indians had so 
large a number of horses, ponies, etc., concealed in the brush, 
but when the command returned to the Indian camp, it was as- 
certained that over fifty head of stock had been discovered, 
which was taken possession of, brought to Medicine Lodge, an 
inventory thereof taken, and forwarded in due time to the Adju- 
tant General of the State. Afterwards, this stock was taken 
possession of by the State, as being captured in war. All the 
testimony bearing upon the subject shows that the command, 
when it returned to Medicine Lodge, was received with demon- 
strations of joy. 

Such, in brief, is a statement of the facts of the engagement of 
August 7th, as will be seen by a reference to the testimony here- 
with submitted. And upon the testimony, which contains an 



THE OSAGE TROUBLES IN KANSAS. 41 

incontrovertible statement of facts, I beg leave to submit the 
following conclusions : 

I submit that from June 17 to the latter part of September, 
there was an actual state of Indian war existing in Barbour 
county; that the country outside of the stockade towns was 
given up, and was a common battle-ground ; that it was wholly 
unsafe for white men to travel outside of the towns, unless in 
bodies and properly armed ; that there were armed bands of In- 
dians scouting through the country for the purpose of robbery 
and murder ; that a part of these bands were made up of Osages ; 
that there was a necessity, every day more apparent, which led 
the settlers to arm and organize themselves into military bodies 
for the purpose of mutual protection ; and that they were so or- 
ganized solely for protection, and not for the purpose (as has 
been charged in high places) of murder and theft. From all I 
could see and hear, both from conversation with the settlers who 
formed Ricker's company and those who did not, I bear willing 
testimony that they are to all appearances peaceful and law- 
abiding citizens. They indignantly scout the idea, sought by 
certain parties to be maintained, that they were organized for 
any other than a purely legitimate purpose. It was only by or- 
ganization that the horrors of an Indian war could be averted. 
They were near three hundred miles from the seat of govern- 
ment; separated from civilization by many miles of almost track- 
less prairies, and in the immediate vicinity of powerful tribes of 
Indians, known to be hostile whenever the opportunity offered; 
added to this, robberies had been committed, and peaceful, unof- 
fending citizens, their neighbors and friends, brutally murdered. 
Organization was, therefore, for protection from like horrors, an 
imminent necessity. A careful examination of all the facts will 
lead to but one conclusion : that the Indians attacked on the 7th 
of August were a war party. They were a party of Black Dog's 
band, who, according to Agent Gibson, had left their reservation 
against his advice and consent; they were declared by Stubbs 
(Agent of the Kansas Indians) to be a mourning party; they 
were undoubtedly a part of the same band which committed out- 
rages of murder and robbery in Ford, Barbour and Comanche 
counties, prior to the 7th. At Kiowa they were met by Lieut. 
Smith, and ordered back to their reservation, which order they 
refused to obey. While there they were insolent; one of their 
number was in full war costume; their chief, the Indian with 



42 THE OSAGE TROUBLES IN KANSAS. 

one eye, refused to talk English ; in fact, all the surroundings of 
the party were those of a hostile character. Despite the testimony 
of some of the Indians, there was no party of women or children 
with them. 

That this was a war party, is abundantly shown by the action 
of the Indians on the 7th. At first, Ricker alone was seen; 
pursuit was immediately commenced after him. If for the pur- 
pose of peace, was it necessary that these Indians should have 
advanced with bows drawn and arrows in hand? Was it neces- 
sary that a peaceful party should be decked in war costumes, 
and themselves and horses daubed in war paints? or was it 
necessary for a peaceful party to form in line of battle, either to 
give or receive an attack? Added to this, there is no doubt in 
my mind but that Lieut. Moseley interpreted the language of the 
Indian who acted as chief, when he directed the Indians in line 
to fire on our troops, and that our line understood from Moseley, 
as well as the action of the Indians, that such directions had 
been given. The Indians knew the troubled state of affairs as 
they then existed, and if only on a mission of peace, they were 
well enough versed in such matters to have made known the 
cause of their presence. Failing to avail themselves of the 
rights accorded to peaceful Indians, it was right that they should 
be treated as enemies, and I entertain no doubt that every man 
in Ricker's command, from captain to the last private, enter- 
tained but one belief on that day: that they had confronted a 
war party of Osages. Those who testify say so, and the circum- 
stances justify the conclusions in the fullest measure. 

The attempt made by the Indian authorities to fasten the 
charge of murder and robbery on the whites, is wholly and ut- 
terly without foundation. It arises either from a misconception 
of the facts, or a willful desire to malign and misrepresent. As 
I cannot believe it is the latter, it must be the former, and in 
this I am sustained. I charge that the statement of Mahlon 
Stubbs to the President's Peace Commission is but the product 
of his imagination, and in every important particular is wholly 
and utterly false; and in the same category may be placed the 
statement of the Osage Indians. If proof was required to show 
the animus which governed the efforts of Gibson and Hoag to 
obtain testimony which should reflect on the whites and exoner- 
ate the Indians, it may be found in the action of Rankin, who 
was sent down by Enoch Hoag to Medicine Lodge, in January 



THE OSAGE TROUBLES IN KANSAS. 43 

last. Instead of going there for the truth in an open, manly 
way, he went in the character of a spy and detective. When he 
arrived at Hutchinson, he presented to Chas. C. Collins a letter 
of introduction, and asked for free transportation to Medicine 
Lodge, over the stage route of which Collins is owner. He 
stated he was going there to look up a suitable sheep claim, with 
a view of making a settlement. When he arrived at Medicine 
Lodge, he did not make his business known ; he kept aloof from 
the inhabitants. He sent for those citizens who were known to 
be disaffected with the state of affairs (see testimony of Van 
Slyke), and having secured all he could he left, without locat- 
ing his sheep claim. His action is not the course which a man 
honestly seeking the truth would pursue. 

I have endeavored, in this hastily-drawn report, to give a cor- 
rect history of the Indian troubles in Barbour county, such as 
will stand the test of testimony, no matter how elaborately 
taken. 

All of which is respectfully submitted. 

LEWIS HANBACK, 
Captain, and Special Aid-de- Camp. 



44 THE OSAGE TROUBLES IX KANSAS. 



EVIDENCE TAKEN BY CAPT. LEWIS HANBACK. 



TESTIMONY OF D. E. SHELDON 

Interrogatory 1 : What is your name, place of residence, and 
occupation? 

Answer: My name is D. E. Sheldon ; residence, Medicine Lodge, 
Barbour county, Kansas ; occupation, merchant. I have resided 
in Barbour county something over two years. 

Int. 2: Were you a resident of Barbour county, Kansas, in 
the spring and summer of 1874? and if so, state what you know 
of the origin of the Indian troubles of that year; and in this 
connection state the condition of the settlers relative to their 
being in a continued state of alarm during that time. 

Am. : I was a resident of Barbour county during that time. 
Through the winter and spring we had heard, through the hunters 
that came into Medicine Lodge to trade, and by hunters residing 
in our midst, that they believed that the various tribes along the 
border were intending to go on the war-path in the spring. The 
cause of their believing it was that the Indians told them, in 
their various lodges and camps, that that was their intention ; 
also by making gestures that when the grass grew, they (the 
white men) would lose their hair ; furthermore, that they noticed 
that the Indians did all their killing with bows and arrows, 
saving their ammunition, and were anxious to trade for ammu- 
nition whenever they had a chance. It was said that the Chey- 
ennes, Arapahoes, Comanches and Osages were expected to 
unite. These tribes were expected to hold a council of war to 
decide whether they would join in battle against the whites in 
the spring. I was informed such a council was held. In the 
latter part of the winter, two Indians, one of whom was a dele- 
gate or commissioner (according to his representations) to this 
council, stopped at my store. He said there was a council to be 
held in about two weeks at the mouth of Medicine Lodge, for the 
purpose of consulting as to whether the above tribes should join 
against the whites or not. I was afterwards informed by Agent 
Gibson, of the Osages, that he sent a number of Osages to that 
council for the purpose of keeping peace, but that the Osage 



THE OSAGE TROUBLES IN KANSAS. 45 

delegates were divided at the council, a part being for war and 
a part for peace. I had this conversation with him on the road 
between Medicine Lodge and Caldwell. All of this information 
was communicated to the settlers in Barbour county, and thor- 
oughly canvassed and understood ; and it was for these reasons 
that it was generally believed that we were liable to be massacred 
at any time by the before-mentioned tribes. However, up to 
June 17, 1874, there had been no depredations committed near 
Medicine Lodge, but on the 17th of June, 1874, in the afternoon, 
several families came into town in great terror, stating that there 
had been a man by the name of Keim murdered by Indians on 
Cedar creek, about six miles from here. In a short time four 
young men went out to investigate the matter, and returned in 
the evening with the body of said Keim. His horses were gone, 
his harness cut to pieces, and groceries and such things as he had 
in the wagon were scattered over the ground. One Mrs. Martin 
Garlinghouse was alone at the time with her children but a few 
hundred yards from the place of the murder. Her house was 
out of view from the place where Keim was killed, by some trees 
and brush, but she heard the firing, ran out of the house to where 
she could see, saw the Indians committing their hellish work, and 
then saw them leaving in great speed. On the morning of 
Keim's murder, two men by the name of Martin and Kennedy 
passed through this place on their way to the hills to get rails to 
fence their corn field. On the morning of the 18th, as these men 
had not passed through here on their way to their homes, the 
people became alarmed for their safety and went out in search 
of them. Searched that da}', and returned without any success. 
On the morning of the 19th Mrs. Martin came to town from 
some three miles, bringing her child with her. She was in deli- 
cate health. She was in great alarm in consequence of her hus- 
band not returning the night before, as he told her he would be 
home at noon of the 17th. She did not know that Keim had 
been killed by the Indians until she arrived in town, and you 
can imagine the state of her feelings. Search was renewed on 
the morning of the 19th, with success. The bodies were found, 
in a state of decomposition. Martin was chopping, as it ap- 
pears, under a high bluff of some thirty or forty feet above him 
and nearly perpendicular. It appears that they had slipped up 
behind him as he was chopping (standing upon a log), and shot 
him, one ball passing through his back and one through the 



46 THE OSAGE TROUBLES IN KANSAS. 

back of his hand, cutting the ax-handle, showing that he was 
chopping at the time, with his hand raised. Kennedy, it seems, 
ran some distance around a clump of brush, but it appears there 
were Indians on the opposite side of the canyon, when he was 
shot in plain view, two balls entering his head. The surround- 
ings showed that the killing was done by volleys. They were 
both scalped. There were two horses and one two-year-old colt, 
all taken. The wagon and harness were left standing. It was 
plain to see where they entered the canyon after the killing and 
where they went out with the two horses and colt afterwards. 
The indications showed that there were about eleven Indians in 
the party of Indians. There were no boot tracks — all moccasin 
tracks. On the 15th or 16th of June the town of Kiowa was 
attacked by a party of Indians. A number of shots were fired 
into the houses, and four horses were stolen. The Indians then 
retreated, and that night camped on Mule creek. The next 
morning they marched to Medicine Lodge creek, and during the 
forenoon were seen by a young man named Orris Dwinell, travel- 
ing about one mile from his house. He supposed they were 
hunters or soldiers, and paid no attention to them. This was the 
same party which killed Martin, Kennedy and Keim. They 
passed up the creek in full sight of the town of Medicine Lodge, 
(but were not noticed,) over to the canyon where Martin and Ken- 
nedy were chopping, and undoubtedly heard the chopping. 
After disposing of them (Martin and Kennedy), the trail showed 
that they crossed over the divide toward Cedar creek, when they 
came across Keim in the road, surrounded and killed him. In 
consequence of these depredations, the whole country was thrown 
into a state of war. The citizens outside of the towns left their 
homes, and sought safety in the towns. Medicine Lodge was 
inclosed with a stockade, and every means were taken for pro- 
tection. In fact, the country outside of the towns was given up, 
and became a common battle-ground between the whites and 
Indians. Each point where the people were gathered was stock- 
aded, and was guarded by armed men. Scouts were thrown out 
during the day and pickets at night, the same as done in a state 
of war. On the evening of the 6th of August, Mr. S. J. Shepler 
came in under a state of excitement, stating that there was a 
body of Indians some sixteen miles northeast of here, encamped, 
and he thought it advisable that the company, which was termed 
militia, under command of Capt. Kicker, should go out and 



THE OSAGE TROUBLES IN KANSAS. 47 

investigate them. In consequence, next morning there were about 
twenty-five men, mounted, marched out under command of Capt. 
Ricker, when the Indians were discovered and a skirmish took 
place. In the evening they returned with some fifty or more 
ponies, colts and mules, and reported they had killed four Indi- 
ans and chased the balance some three or four miles. The stock 
were cared for until orders were received from the Governor of 
the State to hold the same until further orders. The people 
generally supposed, at the time the company went to investigate 
the cause of the Indians being within the border of the State 
and so near us, that they were hostile, and great joy was mani- 
fested throughout the county, and especially at Medicine Lodge, 
that the camp had been routed, as they deemed that their safety 
depended upon it, and it was generally considered an act of war 
and not of murder or robbery. Immediately after the captured 
property was brought to Medicine Lodge, an inventory was taken 
of it and a return thereof was made to the Governor of the 
State. 

Int. 3 : State if you was in the town of Medicine Lodge at the 

time Mahlon Stubbs, Finney, and L. B. Kellogg were here as 

a commission to investigate the killing of the Osages on the 7th 
of August. 

Ans.: Yes. 

Int. 4: State if you have heard read the report of Mahlon 
Stubbs to the President's Peace Commission, and also the report 
of the Commissioners to I. T. Gibson, Indian Agent for the 
Osages, read. 

Ans. : I have. 

Int. 5: Do you consider their report correct? and if not, state 
your reasons. 

Aiis. : I do not think it is correct, for the reason that I saw no 
unusual demonstrations of the people of the place when they first 
arrived, nor at any time thereafter, that would lead them to feel 
that they would incur any danger for the free expression of their 
opinions in favor of the Indians, or any subject connected with 
their mission. Furthermore, I don't believe that any little girl 
had any Osage scalp, for we professed then, and do now, to be 
civilized people, and not barbarians. Instead of the Commis- 
sioners appearing to be afraid, they walked about the town like 
any other citizens, and freely expressed their opinions; and to my 
certain knowledge, they were courteously treated in every re- 



48 THE OSAGE TROUBLES IN KANSAS. 

spect. The militia coinjmny under command of Capt. Ricker 
was formed for mutual protection from savage Indians ; it was 
formed of citizens of the town and country, and was composed 
of law-abiding and peaceable citizens, and not murderers and 
thieves. They were armed and equipped to protect them- 
selves and families, and the Commissioners were in every respect 
as safe and as free from insult as they would have been in their 
own homes. D. E. SHELDON. 

State of Kansas, Barbour County, ss. 

D. E. Sheldon, being duly sworn, says the statements above 
made by him are true in substance and in fact, as he verily be- 
lieves. D. E. SHELDON. 

Subscribed and sworn to before me, this 14th day of August, 
A. D. 1875. D. Van Slyke, 

[seal.] County Clerk, Barbour County, Kansas. 



STATEMENT OF EEUBEN LAKE. 

Interrogatory 1 : State your name, residence, and what official 
position you hold in Barbour county. 

Answer: My name is Reuben Lake; I reside at Lake City, 
Barbour county, Kansas ; I am Sheriff of Barbour county. 

Int. 2: State if you have heard the above statement of D. E. 
Sheldon read ; and if so, state if it is in your opinion a correct 
statement of the facts connected with the Indian troubles as 
therein set forth. 

Ana. : I have heard it read, and from what I know of all the 
circumstances connected with the Indian troubles in 1874, I be- 
lieve it to be correct, and I indorse it as correct. 

REUBEN LAKE. 

State of Kansas, Barbour County, ss. 

Reuben Lake, being duly sworn, says the foregoing statement, 
by him made, is correct and true, as he verily believes. 

REUBEN LAKE. 
Subscribed and sworn to before me, this 17th day of August., 
A. D. 1875. D. Van Slyke, 

[seal.] County Clerk, Barbour County, Kansas. 



THE OSAGE TROUBLES IN KANSAS. 49 

STATEMENT OF JESSE MELTON AND C. M. BOUGHTON. 

State of Kansas, Barbour County, ss. 

Jesse Melton and Chas. M. Boughton, Deputy Clerk District 
Court, Barbour county, Kansas, being duly sworn, say that they 
have heard the foregoing statement of D. E. Sheldon read, and 
from their knowledge of the facts, said statement is true, as they 
verily believe. JESSE MELTON. 

C. M. BOUGHTON. 

Subscribed and sworn to before me, this 18th day of August, 
A. D. 1875. D. Van*Slyke, 

[seal.] County Clerk, Barbour County, Kansas. 



TESTIMONY OF WM. M. FKIEDLEY. 

Interrogatory 1 : State your name, residence, and what official 
position you hold in Barbour county, Kansas. 

Answer: My name is Wm. M. Friedley; I reside in Barbour 
county, Kansas, in the town of Medicine Lodge ; I am Probate 
Judge and Register of Deeds of Barbour county. 

Int. 2 : State if you have heard the statement of D. E. Sheldon 
read, setting forth the Indian troubles in 1874; and if so, state 
whether said statement contains a true account of said troubles, 
and if the facts therein set forth are reliable. 

Ans. : I have heard said statement read. Mauy of the facts 
therein set forth I know to be true, and the whole statement is 
concise and entirely reliable, and I indorse it as correct. I 
heard S. J. Shepler say that the only reason he thought he was 
not scalped on the 6th of August, was because he had oxen, not 
horses or mules. WM. M. FRIEDLEY. 

State of Kansas, Reno County, ss. 

Wm. M. Friedley, being duly sworn, says the above statement, 
by him made, is true and correct, as he verily believes. 

WM. M. FRIEDLEY. 
Subscribed and sworn to before me, this 20th day of August, 
A. D. 1875. Lewis Hanback, 

United States Commissioner, District of Kansas. 
4 



50 THE OSAGE TROUBLES IN KANSAS. 

TESTIMONY OF E. W. ILIFF. 

Interrogatory 1 : State your name, place of residence, and oc- 
cupation. 

Answer: My name is Ezra W. Iliff; residence, Medicine Lodge, 
Barbour county, Kansas; occupation, herding. Have resided 
in Barbour county something over two years last past. 

Int. 2: Were you a resident of Barbour county during the 
spring and summer of 1874? and if so, state what you know of 
the origin of the Indian troubles; and in this connection, state 
the condition of the settlers relative to their being in a continued 
state of alarm during that time. 

Ans. : I was a resident of Barbour county during that time. 
All I know about the origin of the Indian troubles of that year 
(1874), is that there seemed all at once to be a preconcerted niove- 
meut on the part of the Cheyennes, Arapahoes, Osages and 
other tribes along the border, organized for the purpose of com- 
mitting depredations on our border; but there was but little at- 
tention paid to the matter until the 17th day of June, 1874, 
when three of our citizens, living at different points in Barbour 
county, Kansas, were killed and scalped by Indians. The men's 
names were Keim, Martin and Kennedy; Keim and Martin 
were men of families. Immediately on the reception of the 
news of these murders being had at Medicine Lodge, the greatest 
excitement prevailed ; the settlers came flocking into town with 
their families and whatever stock they had, until there were prob- 
ably 300 souls inside of the stockade. Active preparations were 
made for defense, and petitions and letters forwarded to the Gov- 
ernor of Kansas for assistance in the shape of provisions, arms 
and ammunition. Authority was given C. M. Ricker to raise a 
company of militia, and hold it in readiness for active service ; 
which he immediately proceeded to do, and a company of about 
60 men was organized. During all the rest of the months of 
June and July a constant state of alarm continued all along our 
border. Reports came in frequently of outrages committed by 
Indians, and whether true or not, served to keep all settlers 
from returning to their claims. During these months, the militia 
company, although not mustered in, was kept in constant duty, 
making frequent scouts, and always holding itself in readiness 
for instant service. All the reports of Indian incursions and 
depredations committed by them, fixed them on the Cheyennes, 



THE OSAGE TROUBLES IN KANSAS. 51 

Arapahoes and Osages, there being a difference of opinion as to 
which tribe or tribes they should be attributed to. There was 
one thing certain, however: the citizens in Medicine Lodge, as a 
general rule, fully believed that the Osages were leading spirits 
in the outrages committed. 

Int. 3: State if you was a member of that portion of the com- 
pany which moved out of Medicine Lodge under command of 
Captain Ricker on the morning of the 7th of August; and if so, 
state as clearly as you can what took place on that day. 

Am. : I was a member of that party, and the facts, as near as 
I can state them, are as follows : On the evening of the 6th of Au- 
gust, 1874, about 9 or 10 o'clock, our camp was aroused by S. J. 
Shepler, who brought in news that a body of Indians were in 
camp about 15 miles northeast from Medicine Lodge. Orders 
were given for 25 men, including officers, to prepare rations and 
be in readiness to march at daylight next day. On the morning 
of the next day, August 7th, the command marched in the di- 
rection indicated by Shepler. About 1 o'clock p. M., indications 
of Indians were discovered. The command halted, and Captain 
Ricker advanced to reconnoiter. We saw him returning, waving 
his hat, and we advanced towards him very fast. We saw two 
or three Indians coming towards us. That was the first we discov- 
ered them, and continued to advance upon the main party, who had 
then made their appearance, and were formed in something like 
a battle-line. Altogether we captured six prisoners. The main 
line still remained Avhere it had originally been formed. Capt. 
Ricker and his men motioned for them to come up, which they 
refused to do. Whereupon Lieut. Moseley (who speaks and un- 
derstands the Osage language), told one of the Indians to .call to 
the Indians in the main line to come and give themselves up. 
The Indian, who represented himself as chief of the party, gave 
a call, and the Lieutenant sprang at him and told him if he (the 
Indian) told them to shoot at us again he (Moseley) would strike 
him with his gun. Immediately after this the Indians we had 
commenced trying to escape, and we were trying to prevent them ; 
there was considerable commotion for a moment. As soon as it 
was evident that the Osages we had would escape, firing com- 
menced, and the result was four Indians killed. A part of our 
command followed the main body for some distance, but without 
effect. In attempting to restrain one of the prisoners from es- 



52 THE OSAGE TROUBLES IN KANSAS. 

caping, I was struck with a club by him and knocked to my 
knees. The Indians were extremely insolent, refusing to give 
up their arms until compelled to do so, and absolutely refusing 
to dismount. One of the Indians, as he came up to our party, 
had his bow and arrow drawn. I had no doubt at that time 
that those Indians were there for hostile purposes, and not for 
collecting meat ; that, I believe, was only a pretext. Their camp 
was concealed from view, except from one direction ; their 
horses, etc., were in the brush, on the bank of the creek, and so 
concealed from view that we did not know they were there until 
we returned from the chase. From the best of my knowledge, 
there were twenty -seven warriors in the party. I am certain of this, 
having counted those who were in line. I am satisfied that there 
was but one woman in the party; there were no children. We 
found war paint on the persons of the Indians killed. The In- 
dians that we saw were all painted; their hair and faces were 
painted, and so were some of their horses painted in large red 
stripes. 

Int. 4: State if any demonstrations of violence were made by 
your party until after the chief told the Indians to fire, and the 
prisoners commenced trying to escape. 

Ans. : No, sir ; there was not — nothing more than would be given 
any prisoners captured in war. We treated them as prisoners, 
holding them under guard, and refusing to shake hands with 
them. The engagement was brought on by the acts of the In- 
dians themselves. E. W. ILIFF. 

State of Kansas, Barbour County, ss. 

E. W. Iliff, being duly sworn, says that he made the foregoing 
statement ; that it has been read to him ; that the facts therein 
set forth are true in substance and in fact, as he verily believes. 

E. W. ILIFF. 

Subscribed and sworn to before me, this 14th day of August, 
A. D. 1875. D. Van Slyke, 

[seal.] County Clerk, Barbour County, Kansas. 



THE OSAGE TROUBLES IN KANSAS. 53 



TESTIMONY OF LEVI DAVIS. 

Interrogatory 1 : State your name, residence and occupation. 

Answer: My name is Levi Davis; I reside at Kiowa, Barbour 
county, Kansas ; my occupation is a farmer ; I have lived in 
this county for about three years. 

Int. 2 : State what you know and have heard from reliable 
sources of any depredations being committed by Osage Indians. 

Ans.: About the 3d of August, 1874, a band of Osages num- 
bering from thirty-three to thirty-eight, came to Kiowa. I was 
at their camp, counted them as near as I could, and also counted 
and examined the animals, as I was looking for three horses 
which had strayed from me into the Osage nation some time 
before. I think I saw three women with them; no children. 
The Indians acted friendly to me. They said they were after 
buffalo. None of the horses I saw were painted. I saw but one 
young brave painted. Among these was one Indian with only 
one eye, who could talk English. The Indians remained there 
for a short time and then left, and I did not see them any more 
after they left. Prior to this time, say about three weeks, this 
same band, or a part of it, in the southern part of the county, 
captured four animals, two horses and two mules, from two citi- 
zens of Sumner county, and ran them off. The Indian with one 
eye was with this party. After taking the animals the band 
moved off in a westerly direction, crossing the Medicine Lodge 
about six miles below the town of Medicine Lodge, and kept on 
to the Salt Fork. The Indian with the one eye was killed by 
Capt. Pucker's command on the 7th of August, 1874. On the 
16th of June, 1874, a party of Indians, I think Cheyennes, 
attacked Kiowa, and after firing into the town a large number of 
shots, left, taking with them four or five horses. During the 
latter part of June, July and August, the country known as 
Barbour county was in a constant state of alarm. It was appre- 
hended that a general Indian war might ensue. All Indians 
were looked upon with suspicion, and every precaution was taken 
to prevent a surprise. By day and night the course of traveling 
bands of Indians was indicated by burning prairies. I do not 



54 THE OSAGE TROUBLES IN KANSAS. 

believe there were more than from three to five squaws with the 
band at Kiowa. LEVI DAVIS. 

State of Kansas, Barbour County, ss. 

Levi Davis, being duly sworn, says that the statement above 
set forth is true in substance and in fact, as he verily believes. 

LEVI DAVIS. 
Subscribed and sworn to before me, this 14th day of August, 
A. D. 1875. 

[seal.] D. Van Slyke, 

County Clerk, Barbour County, Kansas. 



TESTIMONY OF W. M. LAMPTON. 

Interrogatory 1 : State your name, residence and occupation. 

Answer: My name is W. M. Lampton; I reside in Barbour 
county, Kansas ; occupation, a farmer. 

Int. 2 : State if you was a member of Capt. C. M. Bicker's 
company of militia in August, 1874; and if so, state if you was 
present at a fight with the Osages in Barbour county, Kansas, on 
the 7th day of August, 1874; and in this connection give a full 
statement of all that occurred in that engagement. 

Ans. : I was a member of that company at that time, and was 
present at the fight. The facts as they came under my notice are 
these: On the evening of August 6, 1874, Mr. S. J. Shepler came 
into our camp at Medicine Lodge, and brought information of a 
party of Indians being in camp about fifteen miles northeast 
from us. He was laboring under great excitement, and his news 
created an uproar and excitement in camp and through the town. 
Orders were immediately given for rations to be prepared for 
twenty-five men, and early next day we moved, under command 
of Capt. Ricker and Lieut. Moseley, in search of the Indians. 
Shortly after noon, Ricker's and Moseley's attention was called 
by me to what I took to be a camp ; they doubted it was a camp, 
and started in advance of the command, taking different direc- 
tions, for the purpose of reconnoitering. In a few moments we 
saw Ricker coming at a full run, waving his hat for us to come 
on, which we did, and when we met him we went on with him 
towards the camp, and pretty soon we met an Indian coming to- 



THE OSAGE TROUBLES IN KANSAS. 55 

wards us; the first we saw he was close on to us. Ricker told 
him to dismount, and he took his bow away from him and told 
him to remount, which he did, and went on with us. We went 
up on top of next ridge, and the Indians formed a line of battle 
some 300 yards in front of us. Other Indians front of the In- 
dian line and near our line came up to us (Ricker having mo- 
tioned to them to do so). They were mounted and armed, and 
came up to us, all of them, with their bows strung and their ar- 
rows in their hands. They were disarmed as they came up. 
They were all insolent ; their whole conduct indicated they were 
on the war-path, as Indians never carry their bows and arrows 
as these did unless they mean fight. I make this statement ad- 
visedly, as I have been on the plains since 1865, and am thor- 
oughly acquainted with the habits of all the Indian tribes (the 
Osages included) which range along the Kansas frontier. In 
the meantime, and as we came up on top of the hill, we formed 
a line facing the Indian line. Our line extended for some dis- 
tance, and all the Indians we had captured were on the right 
flank of the line. Myself and five or six others were ordered to 
dismount and hold ourselves in readiness for further orders ; the 
rest of the line remained mounted, and was in plain view of the 
Indian line of battle. None of the Indians captured were in 
front of the mounted line. This state of affairs remained but a 
few moments, when Ricker and Moseley ordered the Indian 
who seemed to be chief to tell the Indians in line to come up. 
He hallooed to the Indians in line, speaking in Osage; when 
immediately Lieut. Moseley sprang towards him and said, " If 
you tell them to fire upon us again I will shoot hell out of you." 
As soou as Moseley said this the captured Indians commenced 
attempting to escape ; one of them ran over Monroe Van Slyke, 
and one of them knocked E. W. Iliff down. We all thought 
that the fight had commenced, and that the Indians would fire 
upon us, so the firing commenced on our side, both at the In- 
dians escaping from us and those in line. We followed them two 
or three miles, but did not fire any shots at them, as they were 
too far off. We returned, took the ponies, etc., left by the In- 
dians, and returned to camp at Medicine Lodge, where we were 
received with demonstrations of joy. At no time before, during, 
or after, the fight, did we think we were murdering anybody. 
We treated the Indians as a war party, fully believing them to 
be hostile. Two horses and two of the Indians that I saw had 



56 THE OSAGE TROUBLES IN KANSAS. 

the war paint on, and I am satisfied, and always have been, that 
this band was bent on mischief. There was only one woman in 
the band, that I saw ; no children. If there had been any more 
I should have seen them. My judgment is that there were be- 
tween thirty and forty Indians in the band. An Indian with 
one eye, who seemed to be a chief, was one of the slain. Lieut. 
Moseley, I am informed, talks and understands the Osage lan- 
guage. My impression, at the time of the fight, was that the 
Indians fired first; it was all excitement on both sides, and the 
affair was over in a few moments. WM. M. LAMPTON. 

State of Kansas, Barbour County, ss. 

Wm. M. Lampton, being duly sworn, says the foregoing state- 
ment, by him made, is true in substance and in fact, as he verily 
believes. WM. M. LAMPTON. 

Subscribed and sworn to before me, this 16th day of August, 
1875. D. Van Slyke, 

[seal.] County Clerk, Barbour County, Kansas. 



TESTIMONY OF CHARLES C. BOND. 

Interrogatory 1 : State your name, residence and occupation. 

Answer: My name is Charles C. Bond; residence, Barbour 
county, Kansas; occupation, a physician. 

Int. 2 : State if you ever had any encounter with any Indians. 
If so, state when as near as you can, with what tribe, and state 
in this connection all the circumstances that transpired at that 
time. 

Ans.: I have. Early on one morning in the fore part of the 
month of July, 1874. I was going from my house to the town of 
Sun City, in Barbour county. Just before daylight, and while 
still at my house, I was aroused by the barking of my dog. Got 
up, supposing some persons were in my watermelon patch. I 
took my gun, listened a while, fired it off, and I listened a mo- 
ment and heard the cracking of the brush as some parties ran 
away. I afterwards examined the ground and found moccasin 
tracks, showing that Indians had been there, undoubtedly after 
my two horses, which were tied one at each corner of the house. 
After I started and had gone about two miles, I heard dogs at 



THE OSAGE TROUBLES IN KANSAS. 57 

Mr. Carl's house barking ; could not imagine what was the mat- 
ter. I kept on my way, when suddenly I saw to my left hand 
(i. e., south of me) some horsemen. At first I supposed they 
were some of our militia stationed at Lake City, but on second 
look I made up my mind that they were Indians. They were 
coming in single file and on the run, and almost immediately 
after I saw they were Indians, the one in advance fired upon me. 
My horse as I got off from him sheered a little to my left. I 
drew my revolver (a Remington) and fired at the last one of 
them (there being four in the party). He fired at the same time 
at me. We both missed. This was the second shot. Immedi- 
ately after I got the third shot. I then started to run for the 
brush close by; had gone a short distance when I got the fourth 
shot. As I got to the edge of the brush I got the fifth shot ; and 
so on until seven shots were fired at me. I proceeded rapidly 
and soon came across some of our men stationed at Lake City, 
near by, who hearing the shots had started on foot to see what 
the matter was. I told them to go back and get their horses, 
which they did, and we all went back to where the melee had 
taken place. The Indians were gone. Myself and another man 
went up to Carl's house, and found the family had left. The 
Indians retreated south and escaped, taking with them three 
horses belonging to Mr. Abraham Winnie and one from William 
Carl. I am certain that the party that attacked me were Indians. 
The one I fired at was within twenty-five feet of me. They were 
all in plain view of me and I of them. I am certain, from what I 
know myself and from information which I have received from 
persons who are acquainted with Indian signs and habits, and on 
whose judgment I rely, that they were Osage Indians. After 
the horses captured by Capt. Ricker in the fight with the Osages 
on the 7th day of August, 1874, were brought into Medicine 
Lodge, I saw one of the horses, and I am certain that it was the 
same animal that the Indian who shot at me first rode. I 
believe so because of the very peculiar make of the animal, so 
much so as would attract the attention and fix the memory of 
any person looking at it. A portion of the militia at Sun City 
followed the trail of the retreating Indians, but failed to come 
up with them ; and one Robert Espy, who resides in Lake City 
township and was engaged in the pursuit, found on the trail a 
woman's scalp, covered with long hair, which had undoubtedly 



58 THE OSAGE TROUBLES IN KANSAS. 

been lost by this party. The scalp is now in the possession of 
parties in Barbour county. DR. C. C. BOND. 

State of Kansas, Barbour County, ss. 

Charles C. Bond, being duly sworn, says that the foregoing 
statement by him made is true in substance and in fact, as he 
verily believes. DR. C. C. BOND. 

Subscribed and sworn to before me, this 16th day of August, 
A. D. 1875. 

[seal.] D. Van Slyke, 

County Clerk, Barbour County, Kansas. 



STATEMENT OF DK. T. W. DAVIS. 

Interrogatory 1: State your name, residence, and what official 
position you hold. 

Answer: My name is T. W. Davis; I reside at Medicine 
Lodge, Barbour county, Kansas ; I am a physician, and am also 
Justice of the Peace of Medicine Lodge township. 

Int. 2: State if you was at Kiowa, in this county, in the early 
part of August, 1874, at the time a party of Osages were there; 
and if so, state what you know of the circumstances connected 
with their visit. 

Ans.: I was there on the 5th day of August to see a patient; 
I arrived there a few moments after a company of the Sixth 
Cavalry, United States Army, had returned from chasing what 
they said was a party of Osages. I talked with a Government 
scout in the employ of the Government troops ; he said that 
they had been following them for a number of miles, and that 
they were ordered to drive them, and all other Indians, out of 
the State, who were in the State without authority. He said 
that they had come in sight of a band of Osages that day, and 
had chased them, and had followed them, I believe, three or four 
miles east of the Medicine; and that they were pressing them 
pretty hard, and they separated and scattered in every direction, 
and they (the troops) had given up the chase; and the com- 
mander of the company said they were going back to Dodge 
after supplies. At the same day and place, Mr. Sparks, one of 
the citizens of Kiowa, came in from the east off a buffalo hunt, 
and came through, or by, those Osage Indians, twelve or fifteen 



THE OSAGE TROUBLES IN KANSAS. 59 

miles east of Kiowa; and he said the Indians acted insolent and 
unfriendly. He stated they were Osages. Davis, and others at 
Kiowa, said that three of them came up to the house, or near it, 
and talked a little ; but they acted sullen and insolent. I came 
home the next day, and reported what I had heard to Captain 
Richer and others. The same evening Shepler came in with his 
report, and the next morning the militia went out and had the 
fight. Previous to this time, I. T. Gibson, Agent of the Osages, 
was here. He said he was on the hunt of Osages ; he said there 
was then one band (I believe it was Black Dog's band) that was 
out, and that they had left the reservation contrary to his advice 
or consent; and that he believed them to be west of this, and 
that he was afraid that if they came across the Cheyennes or 
Kiowas that they would join their war parties; that he believed 
if he could see them that he could induce them to go back to 
the reservation. He tried here to get conveyance and an escort 
to go to their camp, or to hunt them wherever they were; and 
he was not able to obtain either conveyance or escort, and he 
left, saying he was going to Wichita. He manifested a good 
deal of uneasiness for fear they would join the Cheyennes or 
Kiowas. I was fully acquainted with the condition of affairs 
relative to the Indian difficulties during that time ; there was a 
general feeling of fear prevalent throughout the whole county. 
The country was given up ; nearly everybody was in the towns 
inside the stockades. A state of war actually existed, and 
when the command under Captain Pucker marched out from 
Medicine Lodge, we that remained behind believed they were 
going for our protection, to meet hostile, not peaceable, Indians, 
and we hoped they would drive them beyond the limits of the 
State. When Shepler came in that day, August 6th, he was 
very much excited ; he represented that he was afraid of the In- 
dians, and that he did not go to them, or talk to them. My 
recollection of Frank Shepler's (S. J. Shepler's son, who was 
with him) account of seeing the Indians is this: He said him 
and his father saw the Indians on the side of a hill, or one side 
of the road, and they (Shepler and son) sheered off on one side, 
kept right on and did not allow the Indians to come near them. 
I don't know whether he stated that the Indians attempted to 
come near them or not. T. W. DAVIS. 



60 THE OSAGE TROUBLES IN KANSAS. 

TESTIMONY OF ELI SMITH. 

Interrogatory 1 : What is your name, residence and occupation ? 

Anmer: Eli Smith; residence, Kiowa, Barbour county, Kan- 
say; occupation, a farmer. 

Int. 2: State what you know about the town of Kiowa being 
attacked by Indians on the 16th of June, 1874, or about that 
time. 

Ans: On the 16th of June, 1874, the town of Kiowa was 
attacked by Indians. None of the citizens were killed, but there 
were some narrow escapes. A large number of shots were fired 
into the town, and after a time the Indians retreated, taking 
with them some three or four horses. They left about 5 o'clock 
p. M., and camped on Mule creek. From all I can learn I am 
confident this is the same party which surprised and murdered 
Martin, Kennedy and Keim, on the 17th. The whole country 
was immediately thrown into a great state of alarm ; people left 
their claims and flocked into the towns; all business was sus- 
pended, at least to a great extent, and as a matter of fact a com- 
plete state of war existed. It was considered unsafe for a white 
man to travel the country unprotected, and it was equally unsafe 
for an Indian of any tribe to be found within the borders of the 
State. This state of affairs continued for several months. Im- 
mediately after the 16th and 17th of June, the citizens com- 
menced arming and organizing for defense. A militia company 
was formed. I was Lieutenant in command of the detachment 
stationed at Kiowa. The rest of the company was stationed at 
Medicine Lodge. The whole company was composed of honest, 
intelligent and peaceable citizens. A great many of the members 
of the company were heads of families. On the 2d or 3d of 
August, 1874, a band of Osages numbering over thirty men, one 
or two squaws at most, and two boys about thirteen years old, 
camped near the town of Kiowa. I went down into their camp 
and examined it. I found rifles and pistols (revolvers), the 
latter mostly packed; but few arms were shown me; the bows 
and arrows were mostly packed. I tried to talk to the Indians 
in English, but with little effect. I told them in words and by 
signs which they understood (as some of them could talk Eng- 
lish), to go back, in fact ordered them to go back — we did not 
want them in the country — but they would only say, "Heap 
buffalo coming," and pointed southeast, and they wanted to go 
northeast from Kiowa so as to catch them. I am positive there 



THE OSAGE TROUBLES IN KANSAS. 61 

were not more than two squaws along with the party. There 
were many things which made me suspicious of the band. One 
was, they kept as nearly as possible their arms concealed ; another 
was, they would not talk English ; another was, one of the braves 
was painted, his horse was painted, he (the Indian) was armed 
with a shield, and he was in every respect gotten up in war style; 
besides, he was insolent in his manner and bearing. I do not 
think that this band of Osages was an actual war party ; that is, 
actually organized for war, but I am confident that they meant 
trouble, and were in the country not for buffalo but for scalps 
and robbery. In fact, Mahlon Stubbs, agent of the Kaw Indians, 
stated to me in Medicine Lodge, Kansas, in presence of John 
Moseley, in front of Judge Updegraff's house, that this band was 
a mourning party, and I have no doubt they were on a mission 
of blood, not peace. Among these Indians was a one-eyed 
Indian who could talk English. I tried to talk with him, but he 
paid no attention to me, pretending he could not understand, as 
I took it. We left him and the party, and the next day I came 
over to Medicine Lodge to make my report to Capt. Ricker. 

ELI SMITH. 
State of Kansas, Barbour County, ss. 

Eli Smith, being duly sworn, says the statements contained in 
the foregoing are true in substance and in fact, as he verily be- 
lieves. ELI SMITH. 

Subscribed and sworn to before me, this 16th day of August, 
A. D. 1875. 

[seal.] D. Van Slyke, 

County Clerk, Barbour County, Kansas. 



TESTIMONY OF DAKIUS VAN SLYKE. 

Interrogatory 1 : State your name, residence, and what official 
position you now hold. 

Answer : My name is Darius Van Slyke; residence, Medicine 
Lodge, Barbour county, Kansas; I am Postmaster of Medicine 
Lodge, and County Clerk of Barbour county. 

Int. 2 : State if you was a member of Captain C. M. Ricker's 
company, of Barbour county, and if you was present at a fight 



62 THE OSAGE TROUBLES IN KANSAS. 

with the Osages on the 7th day of August, 1874; and if so, state 
all that occurred under your observation. 

Ans. : I was a member of that company ; I was present at the 
fight of August 7, 1874, with the Osages. The facts of the fight 
are substantially as follows: On the night of the 6th, I under- 
stood that Shepler had come in with information that he had 
seen Indians northeast of this place, about fifteen or sixteen 
miles. My understanding was that Shepler and his son (who 
was with him) were frightened when they came in. Twenty-five 
of us were ordered to prepare to go out on the 7th, to see what 
the Indians were there for. And on the next morning we went 
out; traveled in a northeast direction about twelve miles, and 
we camped and ate dinner. We then went on, and about three 
miles we discovered what some of us supposed was the Indian 
camp; I believe Captain Ricker thought it was dead cotton wood 
logs, and he and Lieut. Moseley went out to reconnoiter, Ricker 
going one way and Moseley another. After Ricker had been 
absent a short time, we saw him coming towards us on the run, 
swinging his hat. We started on and met him, and advanced to- 
wards the camp, when we saw one Indian coming towards us. 
When we met him Ricker ordered him to dismount, and took his 
bow and arrow from him. About this time another Indian 
came over the hill and was disarmed, and from that more came 
stringing in, until there were six, who were disarmed; two of 
them had guns and one a revolver, the rest had bows and ar- 
rows. They were backward about giving up their arms, and 
one or two refused to until Ricker spoke cross to them, and told 
them to give them up. By this time about twenty Indians 
(mounted) came on the hill, and formed a line about three hun- 
dred yards from us. We formed a line and advanced a short 
distance towards them, they still maintaining their line. We 
halted, and Ricker told one of the Indians, who was a sort of a 
chief, to call to the Indians in line to come up. The chief hal- 
looed back at the other Indians in the Osage language, when 
immediately Lieut. Moseley, who speaks and understands the 
Osage language, jumped towards him and told him " if he told 
the Indians to fire on us again he would mash or knock his 
brains out," or words to that effect. Whereupon the captured 
Indians, who were mounted, immediately tried to escape. E. W. 
Iliff had hold of one of the ponies, when the Indian on the pony 
commenced beating him over the head with a heavy club, some- 



RD 1.4 8. 



THE OSAGE TROUBLES IN KANSAS. 63 

thing like a "quirtz," used by the Indians. There was great ex- 
citement in ours and the Indian lines ; we saw rapid movements 
on their part, for what purpose we did not know. So far as I 
was concerned, and those around me, we supposed a battle had 
commenced and we commenced firing. I was on the east part 
of the line; the Indians captured were on the west end of the 
line. They made a desperate effort to escape, and in the 
attempt four, as we afterwards ascertained, were killed. It was 
my impression at the time that the Indians in line fired at us; 
some of the men claimed that they heard balls whistle close to 
them. The whole fight or melee was over inside of two minutes. 
The Indians retreated as fast as they could ; a part of our com- 
mand gave chase ; I was with the chase. No shots were fired by 
us after we started, as the Indians were too far in advance. We 
followed two or three miles, and gave up the chase and returned 
to the Indian camp. Up to this time the main portion of our 
command had no knowledge of any horses, mules or ponies be- 
ing secreted by the Indians in the brush, but when we returned 
we were informed by some of our men who had remained be- 
hind, that there were some fifty and over horses, mules and ponies 
found. We took possession of them, and brought them with us 
to Medicine Lodge, where an inventory was made of them, and 
a report forwarded to the Adjutant General of Kansas, at To- 
peka. So far as I was concerned, I believed at the time that 
this was a war party of Osages, and I believe so now. I think 
their hunting meat was only a pretext. The Indians that came 
to us were painted, and one of the horses was painted in stripes. 
I know John Moseley well; he is a man of good standing here; 
is a man of truth. Understanding, as he does, the Osage lan- 
guage, I believe he interpreted it truthfully when he ordered the 
chief not to tell 'the line again to fire on us. I believe now, and did 
then, that the Indian did tell his party to fire on us, probably 
for the purpose of aiding them in making their escape. The 
Indians could fire upon a greater part of our line without in- 
juring the captured Indians, and it is my impression they did 
fire on our part of the line. I have heard read a copy of Mah- 
lon Stubbs's report to the President's Peace Commission, who 
was a member of a commission who came here in August, 1874, 
to investigate the affair of August 7th. It is in the main ungen- 
erous and untrue. The Commission was treated in the best way 



64 THE OSAGE TROUBLES IN KANSAS. 

possible; there was no insult or indignity offered theni. We 
tried to make it pleasant for them ; but when they told us if we 
did not give up the ponies they were afraid the Indians would 
come up and clean us out, we told them to send them on. The 
report by said Stubbs, in my judgment, emanates from an im- 
proper purpose; a purpose to create a prejudice and false im- 
pression in the minds of the Indian authorities against the 
citizens of Barbour county. In fact, there has been a continued 
effort on the part of Agent Gibson, Superintendent Hoag, and 
others connected with the Indian affairs on the border, to get at 
a state of facts as favorable to the Indians and as unfavorable 
and prejudicial to the whites, as possibly could be done. I know 
a Mr. Rankin, who was here to obtain testimony in January 
last. He came here; remained several days; did not make 
known his business any more than he could help ; did not con- 
sult the citizens generally, so as to arrive at the truth of the af- 
fair; but took affidavits of several who were not in the fight, 
among whom was Shepler, who first gave the alarm, and those 
whose affidavits were taken who were in the fight (had with the 
Osages) were mostly enemies of Ricker: Henry Moore, the 
Sheplers, Tip McClure, were dropped from the roll of the com- 
pany for various reasons. Rankin seemed to seek for those 
citizens who were disaffected with the turn of affairs in this 
county. Added to all this, there were internal dissensions in 
the county, out of which have grown two parties. Now, however, 
such a state of affairs does not exist. In conclusion, I say em- 
phatically that the militia company at this place was organized 
out of the citizens of this town and the surrounding country, 
solely for the purpose of defending their homes and property. 
Murder and plunder were not its prime or remote objects. It 
was considered that a state of war existed ; all Indians found in 
our county were looked upon as hostile; there was no middle 
ground in the matter when men — good citizens and neighbors, 
following the peaceful avocations of life — were murdered and 
scalped almost within sight of our town. When we marched on 
the 7th of August, we believed we were after hostile Indians, and 
I believe so now. D. VAN SLYKE. 

United States of America, District of Kansas, ss. 

Darius Van Slyke, being duly sworn, says the foregoing state- 










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